Buie v. . Brown
Supreme Court of North Carolina
Pleadings — Frivolous Answer— Amendment. This was a Motion for Judgment upon the pleadings heard before Clark, J., at May Term, 1887, of RobesoN Superior Court.
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Pleadings — Frivolous Answer— Amendment. This was a Motion for Judgment upon the pleadings heard before Clark, J., at May Term, 1887, of RobesoN Superior Court. The plaintiff alleged, in substance, that at the time specified he contracted to sell to the defendant the tract of land described in the complaint for the price therein mentioned; that all the purchase money had not been paid; that he had obtained judgment before a Justice of the Peace for the balance thereof which had not been paid; that he had offered to make to the defendant a good title for the land upon the payment to him of the…
1Opinion of the CourtMerrimon, C. J.
— after stating the case: It seems to us very clear that the answer was not frivolous. On the contrary, it raised material issues of fact that should have been submitted to a jury in the orderly course of procedure, and alleged equities which, if they exist, ought to be administered in the action.
It is true, the allegations of the answer are not so precise or positive as they might or properly ought to be, but the substance of the purpose and the nature of the defence relied upon appear with tolerable certainty.
It would be very much better if every pleading should be formal, certain, orderly,…
2Cited by19 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Brewer v. . WynneSupreme Court of North Carolina · 1911
- Allen v. Carolina Central Railway Co.Supreme Court of North Carolina · 1897
- Talley v. Harriss Granite Quarries Co.Supreme Court of North Carolina · 1917
- Kirby v. . ReynoldsSupreme Court of North Carolina · 1937
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