Howell v. . Pate
Supreme Court of North Carolina
Appeal by plaintiff and defendant from D&üin, J., at October Term, 1920, of WayNE. Oivil action for damages, tried upon an alleged breach of the following contract: Goldsboro, N. 0., 6 October, 1919. I agree to make John D. Howell a deed for the 21 acres of land that I bought from Willie B. Pate when he pays me, on 1 January, 1920, the balance of purchase price, $6,500, he now paying me $500 to bind said trade. J. H. Pate. Witness: J oust D. Howell.
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Appeal by plaintiff and defendant from D&üin, J., at October Term, 1920, of WayNE. Oivil action for damages, tried upon an alleged breach of the following contract: Goldsboro, N. 0., 6 October, 1919. I agree to make John D. Howell a deed for the 21 acres of land that I bought from Willie B. Pate when he pays me, on 1 January, 1920, the balance of purchase price, $6,500, he now paying me $500 to bind said trade. J. H. Pate. Witness: J oust D. Howell. It appears from the pleadings that the $6,500 stipulated in the contract to be paid on 1 January, 1920, was not tendered until 6 January, 1920.…
1Opinion of the Court
Plalntiee’s Appeal.
Stacy, J.
Upon the entire record, considering the evidence, the charge of the court, and the verdict, it is not sufficiently clear for us to say whether or not the partial payment of $500, made at the time of the execution of the contract, was considered and taken into account by the *119jury in answering the issue of damages. By reason of this uncertainty we have decided to send the case back for a new trial.
It has been held with us in a number of cases that a verdict may be given significance and correctly interpreted by reference to the pleadings, the evidence, and the charge…
2Cases cited7 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Leroy v. Jacobosky.Supreme Court of North Carolina · 1904
- Donnell v. City of GreensboroSupreme Court of North Carolina · 1913
- Reynolds v. Adams Express Co.Supreme Court of North Carolina · 1916
- Fourth National Bank v. WilsonSupreme Court of North Carolina · 1915
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