Massey v. . Alston
Supreme Court of North Carolina
Civil action, tried before Bond, J., and a jury, at October Term, 1916, of Wake. The action was brought to obtain equitable relief against a transaction in which plaintiff alleged that the defendant had induced him to part with the possession of a deed for an interest in land upon a false and fraudulent promise to pay at once the consideration therefor which was mentioned in the deed.
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Civil action, tried before Bond, J., and a jury, at October Term, 1916, of Wake. The action was brought to obtain equitable relief against a transaction in which plaintiff alleged that the defendant had induced him to part with the possession of a deed for an interest in land upon a false and fraudulent promise to pay at once the consideration therefor which was mentioned in the deed. The allegation is that plaintiff was to buy the land from Eunice Dunn, the owner thereof, and pay the entire purchase price to her, and convey one-half interest in the same to defendant, upon his promise to pay…
1Opinion of the Court
WalkeR, J.,
after stating the case: It is manifest that the finding upon the first issue entitled the plaintiff to no equitable relief, as it merely shows a contract for the payment of money, which can be enforced by a simple action at law for its recovery. But the response to the fourth issue presents quite a different phase of the matter, and the facts found do entitle the plaintiff to relief in equity. Where upon receiving a deed for land the vendee promises to pay the purchase money, and the promise does not induce the delivery of the deed, or is not intended to influence the vendor to…
2Cases cited23 opinions
- Donaldson v. FarwellSupreme Court of the United States · 1876
- Dowd v. TuckerSupreme Court of Connecticut · 1874
- Pomeroy v. BentonSupreme Court of Missouri · 1874
- Wannell v. KemSupreme Court of Missouri · 1874
- People v. FinleyMichigan Supreme Court · 1878
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3Cited by21 opinions
- Williams v. . WilliamsSupreme Court of North Carolina · 1942
- State v. LocklearSupreme Court of North Carolina · 1978
- State v. SandersonSupreme Court of North Carolina · 1994
- Planters Bank & Trust Co. v. YelvertonSupreme Court of North Carolina · 1923
- State v. MorganSupreme Court of North Carolina · 1980
16 more not listed; retrieve them via the Exa API.