Faircloth v. . Isler
Supreme Court of North Carolina
Supreme Court,— Orders'.— Rules. Civil actioN for specific performance of a contract, (see 75 N. C., 551,) in which the defendants appeal from an order made at Fall Term, 1876, of WayNE Superior Court, by Seymour, J. The order of Ilis Honor was made on its appearing that plaintiff had deposited in the office of the Clerk, for the-use of defendants, the purchase money for the premises in suit; and it required the defendants to execute deeds, to be ap-approved of by the Clerk,…
Read the full summary
Supreme Court,— Orders'.— Rules. Civil actioN for specific performance of a contract, (see 75 N. C., 551,) in which the defendants appeal from an order made at Fall Term, 1876, of WayNE Superior Court, by Seymour, J. The order of Ilis Honor was made on its appearing that plaintiff had deposited in the office of the Clerk, for the-use of defendants, the purchase money for the premises in suit; and it required the defendants to execute deeds, to be ap-approved of by the Clerk, to the plaintiff; and that thereupon-the Clerk should pay over the purchase money to the defendants. 'When the…
1Opinion of the Court
ByNüm, J.
At the June Term, 1876, this Court modified and affirmed the judgment of the Court below in this ease, 75 N. C , 551. By that judgment the execution and delivery of the deeds of the defendants and the payment of the purchase money, by the plaintiff* were to be concurrent acts. The judgment of this Court was regularly certified to the Court below, ou the 31st of August, 1876. No deeds were •executed or tendered by the defendants, subsequent to or in pursuance of this cértified judgment of the Supreme Court 'The plaintiff thereupon, on the 9th of October, l«76. paid the purchase money…
2Cases cited1 opinion
- Faircloth v. . IslerSupreme Court of North Carolina · 1876
3Cited by2 opinions
- Cook v. Western Union Telegraph Co.Supreme Court of North Carolina · 1909
- Halyburton v. . CarsonSupreme Court of North Carolina · 1879