Paddock v. . Davenport
Supreme Court of North Carolina
This was a civil ACTION, tried before Philips, J., for specific performance, at Fall Term, 1890, of Clay Superior Court, upon demurrer of defendant. Demurrer was sustained and plaintiffs appealed.
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This was a civil ACTION, tried before Philips, J., for specific performance, at Fall Term, 1890, of Clay Superior Court, upon demurrer of defendant. Demurrer was sustained and plaintiffs appealed. The plaintiffs alleged— 1. That, on or about the 23d day of October, A. D. 1889, the defendant R. W. Davenport contracted in writing, under, seal, for a good and valuable consideration, with one T. S. Arthur, giving to him, the said T. S. Arthur, the exclusive privilege, for sixty days from the date of said contract, of buying all the merchantable poplar, ash and cherry trees standing and growing on…
1Opinion of the Court
Shephekd, J.:
Two causes of action are set out in the complaint — one for damages for breach of the contract, and the other for its specific performance. The Court held, upon demurrer, that neither of the said causes of action could be maintained.
1. As to the cause of action against the defendant Davenport, we think that there was error in the ruling that the contract for the sale of the trees was void for want of consideration.
The paper-writing sued upon is substantially an offer to sell the trees at a certain price -within sixty days. There being no consideration for the offer, it could have…
2Cases cited1 opinion
- Corbin v. TracySupreme Court of Connecticut · 1867
3Cited by10 opinions
- Rodman v. Robinson.Supreme Court of North Carolina · 1904
- Winders v. . KenanSupreme Court of North Carolina · 1918
- Trogden v. . WilliamsSupreme Court of North Carolina · 1907
- Thomason v. . BescherSupreme Court of North Carolina · 1918
- Marthinson v. KingCourt of Appeals for the Fifth Circuit · 1906
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