Briggs v. Asheville Developers

This is not a controversy without action submitted on an agreed statement of facts for the determination of a question in difference between the parties, as authorized by C. S., 626, but it is a suit to compel the specific performance of a written contract to buy land and to recover the purchase price agreed to be paid therefor. Certain facts having been agreed upon by the parties, a jury trial was waived and the matter submitted to the court for its decision, on the facts agreed, as to the validity of the title offered by the plaintiffs.

The only alleged defect in the title offered by the…