Thomason v. . Bescher
Supreme Court of North Carolina
ActioN to enforce specific performance of a contract to sell timber, tried before Long, J., and a jury, at July Term, 1918, of Eandolph.
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ActioN to enforce specific performance of a contract to sell timber, tried before Long, J., and a jury, at July Term, 1918, of Eandolph. There .were facts in evidence tending to show that on 18 June, 1918, J. C. and ~W. M. Bescher, two tenants in common in a tract of land, entered into a written contract, under seal, giving plaintiff Thomason the option to purchase the timber thereon, at $6,000, within sixty days, or by 18 August, 1917, the said contract being in terms as follows: “Know all men by these presents, that in consideration of the sum of one dollar to us in hand paid by C. E.…
1Opinion of the CourtHoke, J.
It is the accepted principle of the common law that instruments under seal require no consideration to support them. Whether this should rest on the position that a seal conclusively imports a consideration or that the solemnity of the act imports such reflection and care that a consideration is regarded as unnecessary, such instruments are held to be binding agreements enforcible in all actions before the cemmon-law courts. •
Speaking to the question in Harrell v. Watson, 63 N. C., 454, Pearson, C. J., said: “A bond needs no consideration. The solemn act of sealing and delivering is a deed —…
2Cases cited17 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- Smith v. BanghamCalifornia Supreme Court · 1909
- Weaver v. BurrWest Virginia Supreme Court · 1888
- Winders v. . KenanSupreme Court of North Carolina · 1918
- Watkins v. RobertsonSupreme Court of Virginia · 1906
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- First-Citizens Bank & Trust Co. v. FrazelleSupreme Court of North Carolina · 1946
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