Hedgecock v. . Tate
Supreme Court of North Carolina
Appeal by plaintiff from Devin, J., at November Term, 1914, of Guileobd. Civil action, brought by the plaintiff J. M. Hedgecock against the defendants A. E. Tate et al., to recover damages for failure of the defendants to comply with the terms of an option.
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Appeal by plaintiff from Devin, J., at November Term, 1914, of Guileobd. Civil action, brought by the plaintiff J. M. Hedgecock against the defendants A. E. Tate et al., to recover damages for failure of the defendants to comply with the terms of an option. The following is a copy of the option: This agreement, made this 1st day of March, 1913, between A. E. Tate et al., administrators of Rev. J. B. Richardson, deceased, of Guilford County and State of North Carolina, parties of the first part, and J. M. Hedgecock, party of the second part: Witnesseth, that in consideration of the sum of $1…
1Opinion of the CourtBbowN, J.
This case embraces two causes of action, one for specific performance against all the defendants, the other for damages for breach of contract against A. E. Tate individually, both causes being based upon a certain option given to the plaintiff by A. E. Tate as administrator of J. B. Richardson, deceased.
The plaintiff cannot enforce specific performance of the option, because there’is nothing to show, in the first place, that the executors to the will of I. B. Richardson are given power to sell land. Even if they were vested with the power to sell land, it has been held that that does not…
2Cited by6 opinions
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- City of Tuskegee v. SharpeSupreme Court of Alabama · 1973
- Griffin v. TurnerSupreme Court of North Carolina · 1958
- Harris v. Cabarrus Bank & Trust Co.Supreme Court of North Carolina · 1934
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