Mayer v. . Adrian
Supreme Court of North Carolina
Civil Action for Specific Performance tried at Spring Term, 1877, of New IIaNoveR Superior Court, before Seymour, J. 'The plaintiffs are Mayer & Morgan and Feist Mayer. The defendants are Adrian & Vollers and The Bank of New Hanover.
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Civil Action for Specific Performance tried at Spring Term, 1877, of New IIaNoveR Superior Court, before Seymour, J. 'The plaintiffs are Mayer & Morgan and Feist Mayer. The defendants are Adrian & Vollers and The Bank of New Hanover. It was alleged in the complaint that on the 13th of October, 1871, Feist Mayer bought of one Charles R. Mayer a certain lot in the City of Wilmington for a valuable consideration, upon which said lot there were two prior mortgages executed respectively to IT. A. London for $14,400 and to Richard Dosher for $2000. On the 7th of March, 1872, Feist Mayer executed a…
1Opinion of the CourtBynum, J.
Before the plaintiffs can recover in an action for specific performance they must establish that the contract declared on, or some note or memorandum thereof was put in writing and signed by the party to be charged thereunto, or by some other person by him thereto duly author :ized within the statute of frauds. It is admitted that the ■■contract itself was not reduced to writing, but it is alleged ■that a “memorandum” of the contract of purchase was reduced to writing at the time of sale and signed by the defendants, Adrian & Yollers, through their agent, the auctioneer, who cried the sale.…
2Cases cited2 opinions
- Kornegay v. . SpicerSupreme Court of North Carolina · 1877
- Mosby v. . HodgeSupreme Court of North Carolina · 1877
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- Smith v. . JoyceSupreme Court of North Carolina · 1939
- Tunstall v. . CobbSupreme Court of North Carolina · 1891
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