Cozad v. . Johnson
Supreme Court of North Carolina
Appeal by defendant from Ferguson, J., at September Term, 1915, of GRAHAM. This was a civil action to enforce specific performance of an agreement to purchase a body of land, and plaintiff’s right to the relief sought is based upon two options, one given by Jacob S. Burnett, defendant’s predecessor in office, to R. W. Burnett,' in terms as follows: Agreement made this 12th day of June, A. D. 1909, by and between Jacob S. Burnett, as trustee of the Tuckaseegee Mining Company,…
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Appeal by defendant from Ferguson, J., at September Term, 1915, of GRAHAM. This was a civil action to enforce specific performance of an agreement to purchase a body of land, and plaintiff’s right to the relief sought is based upon two options, one given by Jacob S. Burnett, defendant’s predecessor in office, to R. W. Burnett,' in terms as follows: Agreement made this 12th day of June, A. D. 1909, by and between Jacob S. Burnett, as trustee of the Tuckaseegee Mining Company, hereinafter called the grantor, and Robert W. Burnett, of Franklin, N. C., hereinafter called'the grantee, witnesseth:…
1Opinion of the Court
Hoke, J.,
after stating the case: There is doubt if the issuable facts in this case have been authoritatively determined. We find nowhere in the record as now presented any consent of parties that the court should try the cause, and unless this is made to appear, and in the way prescribed by statute, the issues raised by the pleadings, under our Constitution and system of procedure, must be decided by the jury. Hockoday v. Lawrence, 156 N. C., 319; Hahn v. Brinson, 133 N. C., 8; Wilson v. Bynum, 92 N. C., 718. The objection suggested, however, is not open to plaintiff, as the court has found…
2Cases cited5 opinions
- Winders v. . KenanSupreme Court of North Carolina · 1918
- Trogden v. . WilliamsSupreme Court of North Carolina · 1907
- Ward v. . AlbertsonSupreme Court of North Carolina · 1914
- Hahn v. Brinson.Supreme Court of North Carolina · 1903
- Hockoday v. . LawrenceSupreme Court of North Carolina · 1911
3Cited by9 opinions
- Crews v. . CrewsSupreme Court of North Carolina · 1918
- Equitable Trust Co. v. Delaware Trust Co.Court of Chancery of Delaware · 1947
- Sparks v. SparksSupreme Court of North Carolina · 1950
- Adler v. AdlerSupreme Court of Georgia · 1961
- Hershey Corp. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1934
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