Leach v. . Johnson
Supreme Court of North Carolina
Actxox on bonds given by the defendant to the plaintiff for the purchase of land, tried before Ehvford, J., and a jury, at Fall Term, 1892, of Halifax Superior Court. There was judgment for the defendant, and plaintiff' appealed. The facts are stated in the opinion of Associate -Justice C-LAKK.
1Opinion of the Court
(.Tajik, J.:
The facts admitted by the parties or found by the jury are that the plaintiff', personally and not as agent for his wife, contracted to sell the land to the defendant for $1,435, of which $200 was paid in cash. Bonds were given by defendant for balance of purchase-money, plaintiff giving him an obligation to make a deed without warranty on payment of said bonds. The defendant did not know that there were judgment liens on the land, and before discovering them he paid in all $500 on the bonds. After discovering s'uch liens he refused to pay more. Thereupon plaintiff tendered him a…
2Cases cited8 opinions
- Castlebury v. . MaynardSupreme Court of North Carolina · 1886
- Herren v. . RichSupreme Court of North Carolina · 1886
- Miller v. . FeezorSupreme Court of North Carolina · 1880
- Clanton v. . BurgesSupreme Court of North Carolina · 1831
- Howard v. . KimballSupreme Court of North Carolina · 1871
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3Cited by5 opinions
- Burkhead v. FarlowSupreme Court of North Carolina · 1966
- Gallimore v. . GrubbSupreme Court of North Carolina · 1911
- Rainey v. . HinesSupreme Court of North Carolina · 1897
- Woodbury v. . KingSupreme Court of North Carolina · 1910
- MacFarland v. HanesDistrict Court, E.D. North Carolina · 1923