Rice v. Carter's Adm'r
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Yancy County, at a Special Term in July 1850, his Honor Judge Battue presiding. submitted the following authorities : Miller v. Irvin, Dev. & Bat. 1 vol. 103. and the references. Wain v. Watters, 5 East. 10, published in Smith’s leading cases and the notes, 2 vol. 188.
1Opinion of the Court
PeausoN, Jr
This-was assumpsit, upon a promise to pay one hundred dollars as the price of a tract of land. The plaintiff proved, that he sold to the defendant a tract of land, and executed to him a bond for title, to be made when the purchase money was paid; whereupon, as the price of the land, the defendant promised to pay one hundred dollars to certain persons, to whom the plaintifF was indebted. The defendant relied on the statute of frauds —Rev. Stat. ch. 50, sec. 10 and S. The 10th section provides, that “no action shall be brought to charge the defendant upon any special promise to…
2Cases cited1 opinion
- Montgomery v. MontgomeryHawaii Supreme Court · 1862
3Cited by10 opinions
- Davis v. RobinsonSupreme Court of North Carolina · 1925
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- Hall v. Misenheimer.Supreme Court of North Carolina · 1904
- Hall v. . FisherSupreme Court of North Carolina · 1900
- Satterfield v. . KindleySupreme Court of North Carolina · 1907
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