Krechel v. Mercer

The plaintiffs assign as error the refusal of the trial court to grant their motion for peremptory instructions in their favor.

All the evidence tends to show that G. E. Lee, the president of New Bern Tractor & Equipment Company, the grantor in the deed involved, consented to the alteration, striking out Lot No. 3 from the exceptive clause in the deed, and that his consent was indicated by his signature on the margin of said deed beside the alteration.

The plaintiffs’ evidence tends to show that the alteration was made before delivery of the deed and payment of the consideration therefor. On…