Legal Opinion

Bruton v. Smith

Supreme Court of North Carolina

Decided November 21, 1945PublishedCited by 16 opinions

1Opinion of the CourtSchenck, J.

The gravamen of what the appealing defendant is alleged to have done was to procure the individual defendants to sell the land and timber involved to it, at a price greatly in excess of that named in said receipt or contract of conveyance, and thereby prevent them from carrying out the contract with the plaintiff, to the damage of the plaintiff. If this was unlawful and wrongful, then the plaintiff made out a cause of action; but if it was not unlawful nor wrongful, however malicious it may have been the plaintiff failed to make out a cause of action. Elvington v. Shingle Co., 191 N. C., 515,…

2Cases cited4 opinions

  1. Elvington v. Waccamaw Shingle Co.Supreme Court of North Carolina · 1926
  2. Swain v. . JohnsonSupreme Court of North Carolina · 1909
  3. Biggers v. . MatthewsSupreme Court of North Carolina · 1908
  4. Holder v. Atlantic Joint-Stock Land BankSupreme Court of North Carolina · 1935

3Cited by16 opinions

  1. Childress v. AbelesSupreme Court of North Carolina · 1954
  2. Varner v. BryanCourt of Appeals of North Carolina · 1994
  3. Murphy v. McIntyreCourt of Appeals of North Carolina · 1984
  4. Winston v. Williams & McKeithan Lumber Co.Supreme Court of North Carolina · 1947
  5. Poindexter v. Johnson Motor Lines, Inc.Supreme Court of North Carolina · 1952

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