Wilcoxon v. . Calloway
Supreme Court of North Carolina
Civil action tried before Mitchell, J., at Spring Term, 1872, of Wilkes Superior Court. The plaintiff complained, that tbe defendant Calvert contracted to sell liim, for the sum of $200, two tracts of land, each containing fifty acres.
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Civil action tried before Mitchell, J., at Spring Term, 1872, of Wilkes Superior Court. The plaintiff complained, that tbe defendant Calvert contracted to sell liim, for the sum of $200, two tracts of land, each containing fifty acres. That at the time of the trade he paid defendant one hundred and fifty dollars, and the bargain was that tbe land should be run out, and if there were one hundred acres plaintiff'was to pay $50 more; if there was a deficiency it was to be deducted irorn the price paid ; if an excess be was to pay for the excess at the rate of $2 per acre. That the land was…
1Opinion of the CourtRodman, J.
On the 13th January, 1868, the defendant Calvert agreed to convey to plaintiff a good title in fee to “ all that certain piece or parcel of land known as the Turkey Pen tracts, two separate parcels or tracts, fifty acres each, enteied, one by Neal and William Calvert, Sr., and the other by William Calvert and son Neal, these tracts lying and joining B. C. Calloway at this date,” on 1st April, 1868, provided that by that date the plaintiff should have paid Calvert $200, ■or its equivalent. It appears that at the execution of this contract the plaintiff paid the defendant Calvert $150 on the…
2Cited by10 opinions
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