Ford v. . Stroud
Supreme Court of North Carolina
AotioN tried before Lyon, Jand a jury, at April Term, 1908, of Columbus. Plaintiff sues for tbe recovery of money paid defendant on account of tbe purchase money of a tract of land under a parol contract to purchase, and for compensation for improvements put upon tbe land while in possession under the contract.
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AotioN tried before Lyon, Jand a jury, at April Term, 1908, of Columbus. Plaintiff sues for tbe recovery of money paid defendant on account of tbe purchase money of a tract of land under a parol contract to purchase, and for compensation for improvements put upon tbe land while in possession under the contract. He sets out his contract in his complaint, alleges the payment of the money and that he put the improvements on the land, and the z’efusal of defendant to make a deed. Defendant does not specifically deny these allegations, but sets up new matter, by way of avoidance, etc. . Plaintiff…
1Opinion of the CourtConnor, J.
The defendant’s motion for judgment of nonsuit presents the merits of the appeal. The motion admits the plaintiff’s testimony to be true. If 'upon these facts he is entitled to maintain the action, the rulings in regard to the admission of evidence and the instructions are correct. While the answer does not specifically admit the allegation in the complaint in regard to the contract, it does not contain a general or specific denial, as required by the Code of Procedure. We think that, upon both reason and authority, the plaintiff is entitled to maintain his action and recover the amount' paid…
2Cases cited6 opinions
- Albea v. GriffinSupreme Court of North Carolina · 1838
- Luton v. Badham.Supreme Court of North Carolina · 1900
- McCracken v. . McCrackenSupreme Court of North Carolina · 1883
- Dunn v. . MooreSupreme Court of North Carolina · 1844
- Daniel v. . CrumplerSupreme Court of North Carolina · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Perry v. Martha A.Supreme Court of North Carolina · 1921
- Tompkins v. SandeenSupreme Court of Minnesota · 1954
- Ballard v. . BoyetteSupreme Court of North Carolina · 1915
- Carter v. . CarterSupreme Court of North Carolina · 1921
- Rogers v. . PilandSupreme Court of North Carolina · 1919
4 more not listed; retrieve them via the Exa API.