Braddy v. . Elliott
Supreme Court of North Carolina
Civil aotioN, brought to cancel and rescind the sale or exchange of a certain lot and lands, tried before O. H. Allen, J., and a jury, at December Term, 1907, of the Superior Court of Beaufort County. The court submitted these issues: “1. Was the lot in Washington conveyed for the land in Bath Township upon condition that defendant erect on said land two dwellings and necessary outhouses, worth $550?” Answer: “Yes.”
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Civil aotioN, brought to cancel and rescind the sale or exchange of a certain lot and lands, tried before O. H. Allen, J., and a jury, at December Term, 1907, of the Superior Court of Beaufort County. The court submitted these issues: “1. Was the lot in Washington conveyed for the land in Bath Township upon condition that defendant erect on said land two dwellings and necessary outhouses, worth $550?” Answer: “Yes.” “2. Has defendant failed to erect said buildings in accordance with the terms of such exchange, as alleged ?” Answer: “Yes.” “3. If so, what balance is due thereon by defendant to…
1Opinion of the CourtBrown, J.
The plaintiffs owned a lot in Washington, two persons named Lee owning the reversion. The parties agreed to sell to defendant for $800, taking in payment a tract of land in the country, upon which the defendant agreed to erect two dwellings suitable for plaintiffs to live in, and also the necessary and proper outhouses, which, according to the pleadings and evidence, were not to exceed $550 in cost. Under proper proceedings, the interests of a minor, as well as of the other plaintiffs, were duly conveyed to the defendant. The jury have practically found that the defendant has failed to erect…
2Cases cited1 opinion
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