Chilton v. . Groome
Supreme Court of North Carolina
Appeal by both parties from Devin, J., at May Term, 1914, of FORSYTE.' Civil action tried upon these issues: 1. Did tbe defendant, with intent to cheat and defraud the plaintiff, falsely and fraudulently misrepresent to the plaintiff the purchase price of the “Freeman Mill” property, as alleged in the complaint ? Answer: “Yes.” 2. Did the defendant, by such false and fraudulent misrepresentation, obtain from the plaintiff any money, and if so, what amount ? Answer: “$750,…
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Appeal by both parties from Devin, J., at May Term, 1914, of FORSYTE.' Civil action tried upon these issues: 1. Did tbe defendant, with intent to cheat and defraud the plaintiff, falsely and fraudulently misrepresent to the plaintiff the purchase price of the “Freeman Mill” property, as alleged in the complaint ? Answer: “Yes.” 2. Did the defendant, by such false and fraudulent misrepresentation, obtain from the plaintiff any money, and if so, what amount ? Answer: “$750, with interest from date of sale.” 3. Is the defendant indebted to the plaintiff on account of the note and deed of trust…
1Opinion of the Court
PLAINTIFF’S APPEAL.
Brown, J.
It appears to be undisputed that the plaintiff and defendant were equal copartners in the purchase of certain lands. Defendant transacted the business and stated to plaintiff that the land cost $6,500. Plaintiff furnished the said sum, and title was made to plaintiff and defendant.
The latter gave plaintiff a note secured by a deed in trust on defendant’s half interest in the land to secure his half of the purchase money, $3,250. There was default in payment, and the trustee foreclosed. The plaintiff purchased defendant’s interest at the sale for $1,600.
The…
2Cases cited8 opinions
- MacHine Co. v. Owings.Supreme Court of North Carolina · 1906
- Phifer v. . ErwinSupreme Court of North Carolina · 1888
- Austin v. . StewartSupreme Court of North Carolina · 1900
- Maynard v. . MooreSupreme Court of North Carolina · 1877
- Armstrong v. . LononSupreme Court of North Carolina · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Whitacre Partnership v. Biosignia, Inc.Supreme Court of North Carolina · 2004
- Rich v. . MoriseySupreme Court of North Carolina · 1908