Bourne v. Sherrill.
Supreme Court of North Carolina
ActioN by Louis M. Bourne against R. G. Sherrill, heard by Judge 0. PL. Allen and a jury, at the September Term, 1906, of the Superior Court of Buncokbe.
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ActioN by Louis M. Bourne against R. G. Sherrill, heard by Judge 0. PL. Allen and a jury, at the September Term, 1906, of the Superior Court of Buncokbe. Issues were submitted and responded to by the jury as follows: 1. Did the defendant agree with the plaintiff that if he would sell him the lot, that in the event he did not build on it but sold it, the plaintiff was to have the profits ? Answer: Yes. 2. If so, what profit did the defendant derive from the sale of the lot? Answer: $263.04, with interest. There was judgment on the verdict for plaintiff, and defendant excepted and appealed.
1Opinion of the CourtHoee, J.
There was evidence of plaintiff tending to show that plaintiff sold and conveyed to defendant a lot in Ashe-ville for which he had been offered a larger price by another, under assurance that defendant desired to build on the lot as a home for himself and wife.
That at the time the lot was conveyed to defendant, as an inducement thereto, and in part consideration for the sale and delivery of the deed, defendant then agreed that if defendant did not build, but resold the lot, that plaintiff was to have the profits realized on such resale.
That shortly after obtaining the title, the defendant…
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