King v. Hobbs.
Supreme Court of North Carolina
ActioN by S. J. King against T. A. Hobbs, beard by Judge O. II. Allen and a jury, at tbe May Term, 1905, of tbe Superior Court of SampsoN County.
Read the full summary
ActioN by S. J. King against T. A. Hobbs, beard by Judge O. II. Allen and a jury, at tbe May Term, 1905, of tbe Superior Court of SampsoN County. Tbe plaintiff alleged tbat in 1892 be sold and conveyed to a lumber company tbe short straw timber growing on a tract of land situated in Sampson County, and the company owned the same under a registered deed; and tbat in 1902 be sold this tract of land to tbe defendant for $300, and executed to tbe defendant a bond to make title on payment of tbe purchase money. This bond contained a stipulation tbat' on payment of tbe purchase money, tbe plaintiff…
1Opinion of the Court
Hoke, J.,
after stating the case: At the close óf the testimony, the defendant requested the judge to charge the jury “that there was no evidence to show that the clauses exempting from the bond for title the right and interest of the lumber company in the land in controversy were omitted from said bond by the mutual mistake of the parties.” The prayer for instruction was refused, and the defendant excepted. This exception raises the only point presented for our consideration.
To correct an instrument of this character on the ground of mistake, the evidence must be strong, clear and convincing,…
2Cases cited6 opinions
- Finishing & Warehouse Co. v. OzmentSupreme Court of North Carolina · 1903
- Rogers v. AtkinsonSupreme Court of Georgia · 1846
- Lehew v. Hewett.Supreme Court of North Carolina · 1905
- Reed v. VaughanSupreme Court of Missouri · 1851
- Cassidy v. MetcalfSupreme Court of Missouri · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Sills v. . FordSupreme Court of North Carolina · 1916
- Crawford v. . WilloughbySupreme Court of North Carolina · 1926
- Palmer v. . LowderSupreme Court of North Carolina · 1914
- Branch Banking & Trust Company v. GillSupreme Court of North Carolina · 1975
- Montgomery v. . LewisSupreme Court of North Carolina · 1924
13 more not listed; retrieve them via the Exa API.