Stonestreet v. Southern Oil Co.
Supreme Court of North Carolina
Appeal by defendant from Armstrong, J., at August Term, 1945, of Cabakrus. Civil action to recover one-balf cost of digging well on land leased and optioned by plaintiff to defendant, wbicb tbe defendant later purchased by exercising option.
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Appeal by defendant from Armstrong, J., at August Term, 1945, of Cabakrus. Civil action to recover one-balf cost of digging well on land leased and optioned by plaintiff to defendant, wbicb tbe defendant later purchased by exercising option. On 24 October, 1934, tbe plaintiff and bis wife leased to tbe defendant a lot for a filling station on tbe Kannapolis-Concord Highway for a term of ten years with privilege of buying at any time during tbe term of tbe lease at a price of $5,000. Tbe lease contained tbe following stipulation: “Said Stonestreet and wife agree to furnish Lessee with water…
1Opinion of the CourtStacy, C. J.
Passing the initial pleas of the statute of frauds and satisfaction by the deed of conveyance when the defendant exercised its option, it would seem that under the facts appearing of record as distinguished from the allegations of the complaint, the defendant’s plea of no consideration has been made out and constitutes a bar to the plaintiff’s case. Craig v. Price, 210 N. C., 739, 188 S. E., 321; Williams v. Chevrolet Co., 209 N. C., 29, 182 S. E., 719; Hatchett v. Odom, 19 N. C., 302.
It may be stated as a general rule that “consideration” in the sense the term is used in legal parlance, as…
2Cases cited20 opinions
- Leaksville-Spray Institute v. MebaneSupreme Court of North Carolina · 1914
- Cherokee County v. . MeroneySupreme Court of North Carolina · 1917
- Exum v. . LynchSupreme Court of North Carolina · 1924
- Broaddus v. First National BankCourt of Appeals of Maryland · 1931
- Grubb v. Ford Motor Co.Supreme Court of North Carolina · 1935
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3Cited by23 opinions
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- Sooner Federal Savings & Loan Ass'n v. Oklahoma Central Credit UnionSupreme Court of Oklahoma · 1989
- Voss v. StewartMississippi Supreme Court · 1982
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