Maxwell v. Wayne National Bank
Supreme Court of North Carolina
Civil ACTION, pending in tbe Superior Court of WayNE, beard out of term, 29 December, 1917, by consent, by Allen, J., upon exceptions to report of referee filed by plaintiff. His Honor overruled tbe exceptions and adopted tbe findings of tbe referee, botb of law and fact,, and confirmed bis report. Plaintiff excepted and appealed.
1Opinion of the CourtBbowN, J.
Tbis action is brought to recover damages for a breach of covenant of warranty in sale of land and to have tbe damages assessed credited upon tbe purchase money notes, and in meantime to restraining the exercise of the power of sale in the deed in trust.
It appears that G. M. Maxwell, acting for himself and his son, the plaintiff, purchased from tbe Goldsboro and Seven Springs Securities Company a large tract of land known as tbe Seven Springs property, containing over seven hundred acres, and bad tbe deed executed to plaintiff. . Tbe consideration was $40,000, ten thousand being paid in cash…
2Cases cited5 opinions
- Sills v. . FordSupreme Court of North Carolina · 1916
- Day v. . DaySupreme Court of North Carolina · 1881
- King v. Hobbs.Supreme Court of North Carolina · 1905
- Pharr v. . RussellSupreme Court of North Carolina · 1851
- Pugh v. . BrittainSupreme Court of North Carolina · 1831
3Cited by12 opinions
- Marriott Financial Services, Inc. v. Capitol Funds, Inc.Supreme Court of North Carolina · 1975
- Crawford v. . WilloughbySupreme Court of North Carolina · 1926
- Dorsey v. North Carolina Talc & Mining Co.Supreme Court of North Carolina · 1919
- Strickland v. . ShearonSupreme Court of North Carolina · 1926
- Oliver v. . HechtSupreme Court of North Carolina · 1934
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