Nickelson v. . Reves
Supreme Court of North Carolina
Civil ACTION, tried before Graves, Judge, and a jury, at August Term, 1885, of the Superior Court of Stokes county. The parties to the action entered into an agreement for the sale of a tract of land, owned by the defendant, to the plaintiff, in pursuance of which, the latter executed his three several notes under seal, each in the sum of sixty-two dollars, and bearing date on November 7th, 1874; the first with two sureties, becoming due on the 1st day of May next ensuing;…
Read the full summary
Civil ACTION, tried before Graves, Judge, and a jury, at August Term, 1885, of the Superior Court of Stokes county. The parties to the action entered into an agreement for the sale of a tract of land, owned by the defendant, to the plaintiff, in pursuance of which, the latter executed his three several notes under seal, each in the sum of sixty-two dollars, and bearing date on November 7th, 1874; the first with two sureties, becoming due on the 1st day of May next ensuing; the second without surety, falling due on November 7th, 1875 ; the last maturing a year later, and all bearing interest…
1Opinion of the CourtSmith, C. J.
(after stating the facts). The rulings complained of by the appellant, are in refusing to allow the jury to hear *ral testimony to show that:
I.. The plaintiff'-refused to pay the last maturing note without a survey, and agreed to pay for any surplus over 62 acres, should it be found, and demanded such survey, under the original conditions of sale.
II. When defendant tendered the deed, the plaintiff offered to pay for any excess over the supposed quantity, at the rate of three dollars for each acre.
III. The actual survey showed such excess, and when the surveyor announced upon a rough estimate,…
2Cases cited5 opinions
- Kerchner v. . McRaeSupreme Court of North Carolina · 1879
- Braswell v. . PopeSupreme Court of North Carolina · 1880
- Sherrill v. . HaganSupreme Court of North Carolina · 1885
- Etheridge and Another v. . Palin and Wife .Supreme Court of North Carolina · 1875
- Wilson v. . SandiferSupreme Court of North Carolina · 1877
3Cited by4 opinions
- Bank v. Moore.Supreme Court of North Carolina · 1905
- Faust v. RohrSupreme Court of North Carolina · 1914
- Faust v. . RohrSupreme Court of North Carolina · 1914
- Smith v. KillamNew York Supreme Court · 1888