Freeman v. . Bell
Supreme Court of North Carolina
ActioN tried before W. B. Allen, J., and a jury, at August Term, 1907, of Halifax. Tbis is an action to recover damages of the defendant for the wrongful breach of a contract to convey land, which contract is as follows: “North Carolina — Halifax County.
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ActioN tried before W. B. Allen, J., and a jury, at August Term, 1907, of Halifax. Tbis is an action to recover damages of the defendant for the wrongful breach of a contract to convey land, which contract is as follows: “North Carolina — Halifax County. “This agreement, made and entered into this day between H. T. Bell and Berry Freeman, as follows: The said H. T. Bell has sold to Berry Freeman one tract of land in Rose Heath Township, Halifax County, N. C., and known as the Walston land, and adjoining the land of Fred Staton, the Lavy Cherry place and N. B. Josey, containing one hundred and…
1Opinion of the CourtBrown, J.
There can be no question that the written contract is-a valid objection, binding the defendant to sell and convey the land upon payment of the purchase money. Whether it was an existing enforcible contract, which a court would give effect to by compelling a specific performance, or for the breach of which it would award damages in this action, depends entirely upon the point of view from which we look at it.
From the defendant’s standpoint, the contract was entirely-abandoned by the plaintiff long before this action, and he had become a voluntary tenant, paying rent, and was so at the time tbe…
2Cases cited3 opinions
- Jones v. . BoydSupreme Court of North Carolina · 1879
- Harris v. . MurphySupreme Court of North Carolina · 1896
- Hall v. . FisherSupreme Court of North Carolina · 1900
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- Harvey v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Roebuck v. . CarsonSupreme Court of North Carolina · 1929
- Grubb v. Ford Motor Co.Supreme Court of North Carolina · 1935
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