Smith v. . Gibson
Supreme Court of North Carolina
This was an Appeal from the ruling of the court in setting •■aside an order of arrest in a Civil Action in the nature of a Bill in Equity, for the specific performance of a contract; "the motion to set aside the order was heard before Pójamele J. vat July Term, 1875, Cabaeeus Superior Court.
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This was an Appeal from the ruling of the court in setting •■aside an order of arrest in a Civil Action in the nature of a Bill in Equity, for the specific performance of a contract; "the motion to set aside the order was heard before Pójamele J. vat July Term, 1875, Cabaeeus Superior Court. All the facts necessary to .an understanding of the case as ■decided, are stated in the opinion of the court. ■ Upon the hearing, his Honor allowed the motion, vacating the order of arrest, on account of the insufficiency of the •¡affidavit. , From this judgment the plaintiffs appealed.
1Opinion of the CourtReade, J.
The plaintiffs bought of the defendant a tract 'of land at the price of $15,000, to be paid in specie. Title 'to be made when money is paid. They paid $8,000 in specie, •and failing to pay the balance, the defendant sued them, and •got judgment and execution, which went into the hands of the sheriff, and which was paid by the plaintiffs, not in specie, but in currency, which was at a discount of thirty-five or forty cents in the dollar. This, although not a compliance with the nagreement, was, in law, a satisfaction of the execution. See •case, between the same parties reversed, 63 N. C. Rep.…
2Cases cited1 opinion
- Gibson v. . Smith and FoardSupreme Court of North Carolina · 1869
3Cited by1 opinion
- Rawlings v. . HuntSupreme Court of North Carolina · 1884