Kornegay v. . Morris

Montgomery, J.:

The case is before us on a petition to rehear. The action was begun on the part of the plaintiff to compel the defendant to specifically perform his contract to purchase from the plaintiff a certain piece of real estate in the city of Goldsboro. The defendant in his answer admitted his agreement to purchase and said he was ready and willing to pay the price agreed on if he could be sure of getting a good title to the property, and he averred that the plaintiff had no. such title. Whether or not the plaintiff had a title in fee absolute to the property depends upon the.…