Legal Opinion

Austin v. . Secrest

Supreme Court of North Carolina

Decided October 5, 1884PublishedCited by 6 opinions

Civil Ation, tried upon exceptions to a referee’s report, at August Special Term, 1884, of Union Superior Court, before MacBae, J. The defendant appealed from the ruling and judgment of the court below.

1Opinion of the Court

Smith, 0. J.

The parties to this action on the 16th day’ of September, 1879, entered into an agreement under seal, whereby the plaintiff sold to the defendant a steam saw mill, with its fixtures,‘and certain other enumerated property, for the sum of twenty-six hundred dollars, to be paid in lumber to be delivered at the site of the mill, and thereupon the latter executed his thirteen several promissory notes, each in the sum of two hundred dollars, payable successively on the same day of the months following, the last falling due in .October of the next year.

The title to the property was to…

2Cases cited3 opinions

  1. McLeod v. . BullardSupreme Court of North Carolina · 1881
  2. Cotten v. . WilloughbySupreme Court of North Carolina · 1880
  3. Commissioners of Forsyth v. LemlySupreme Court of North Carolina · 1881

3Cited by6 opinions

  1. Bradley Fertilizer Co. v. TaylorSupreme Court of North Carolina · 1893
  2. Michaux v. Paul Rubber Co.Supreme Court of North Carolina · 1925
  3. J. H. Hayes Woolen Co. v. McKinnonSupreme Court of North Carolina · 1894
  4. Penn Lumber Co. v. McPhersonSupreme Court of North Carolina · 1903
  5. State v. . AndersonSupreme Court of North Carolina · 1888

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