Bateman v. . Hopkins
Supreme Court of North Carolina
Appeal from 0. H. Allen, J., at Spring Term, 1911, of Tyr-eell. This action was brought to compel tbe specific performance of a contract to convey land, by tbe vendee against tbe vendor. Tbe memorandum is as follows: Received of W. E. Bateman $5, to confirm tbe bargain on tbe purchase of tbe farm on which I now live. This 8. January, 1910. (Signed) . E. B. Hopkins.
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Appeal from 0. H. Allen, J., at Spring Term, 1911, of Tyr-eell. This action was brought to compel tbe specific performance of a contract to convey land, by tbe vendee against tbe vendor. Tbe memorandum is as follows: Received of W. E. Bateman $5, to confirm tbe bargain on tbe purchase of tbe farm on which I now live. This 8. January, 1910. (Signed) . E. B. Hopkins. Tbe defendant alleged that tbe memorandum was as follows: “Received of W. E. Bateman $5, to confirm tbe bargain on tbe purchase of tbe farm on wbicb I now live, and if I fail to make tbe said W. E. Bateman a deed, tben I will pay…
1Opinion of the CourtWalker, J.
It will be seen that upon tbe issue as to tbe contents of tbe memorandum tbe jury decided in favor of tbe plaintiff, and we must, therefore, consider tbe case with reference to tbe contract as it is alleged in tbe complaint. We do not entertain any doubt as to tbe sufficiency of tbe memorandum under tbe statute of frauds, as it has been construed in our decisions. “Every deed of conveyance (or contract) must set forth a subject-matter, either certain in itself or capable of being reduced to a certainty by a recurrence to something "extrinsic to wbicb it refers.” Gaston, J., in Massey v.…
2Cases cited37 opinions
- Cheney v. LibbySupreme Court of the United States · 1890
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Gray v. DoughertyCalifornia Supreme Court · 1864
- Whelan v. ReillySupreme Court of Missouri · 1876
- Farmer v. . BattsSupreme Court of North Carolina · 1880
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3Cited by48 opinions
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- North Carolina Self Help Corp. v. BrinkleySupreme Court of North Carolina · 1939
- Lane v. CoeSupreme Court of North Carolina · 1964
- Lewis v. . MurraySupreme Court of North Carolina · 1919
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