Shakespeare v. Caldwell Land & Lumber Co.
Supreme Court of North Carolina
Civil actioN, beard by Guión, J., at Special Term, 1907, of tbe Superior Court of Caldwell County. His Honor found tbe facts under an agreement of tbe parties. Tbis is an action for tbe specific performance of a contract to convey certain lands described, in tbe complaint.
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Civil actioN, beard by Guión, J., at Special Term, 1907, of tbe Superior Court of Caldwell County. His Honor found tbe facts under an agreement of tbe parties. Tbis is an action for tbe specific performance of a contract to convey certain lands described, in tbe complaint. Upon tbe pleadings, admissions and records in evidence his Honor found tbe following facts and conclusions of law: On 21 August, 1901, tbe Caldwell Company executed an option contract to plaintiff Shakespeare, wherein it contracted and agreed, upon the performance by Shakespeare of each and every condition precedent therein…
1Opinion of the Court
Connor, J.,
after stating the case: Eew questions have given rise to more controversy and conflicting judicial dicta than that of estoppel by matter of record, or, more accurately expressed, res judicata. We could not hope to do more than endeavor, by a recurrence to the basic principle upon which the doctrine is founded, to decide the question presented upon this appeal. "While the doctrine is based upon a well-recognized principle, the application of it is always difficult. Probably no more accurate or workable statement of the principle, with its limitations, can be found than that of the…
2Cases cited8 opinions
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
- Piedmont Wagon Co. v. ByrdSupreme Court of North Carolina · 1896
- Woody v. . Jordan .Supreme Court of North Carolina · 1873
- Boles v. Caudle.Supreme Court of North Carolina · 1903
- Bunker v. Bunker.Supreme Court of North Carolina · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Reid v. HoldenSupreme Court of North Carolina · 1955
- Cameron v. CameronSupreme Court of North Carolina · 1952
- Cook v. . CookSupreme Court of North Carolina · 1912
- Jenkins v. . JenkinsSupreme Court of North Carolina · 1945
- Jefferson v. Southern Land Sales Corp.Supreme Court of North Carolina · 1941
3 more not listed; retrieve them via the Exa API.