Pearce v. . Mason
Supreme Court of North Carolina
Civil Action, tried.at Fall Term, 1877, of Craven Superior Court, before Eure, J. The plaintiff alleged that the defendant entered into possession of a certain lot in the City of New Berne under a ¡contract of purchase with Mrs. Mary Chadwick, who agreed upon the payment of a certain sum of money to execute a Jeed for the same; that if the payment was not made as stipulated in the contract, then it should be null and void ; ¡that Mrs. Chadwick subsequently conveyed to the…
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Civil Action, tried.at Fall Term, 1877, of Craven Superior Court, before Eure, J. The plaintiff alleged that the defendant entered into possession of a certain lot in the City of New Berne under a ¡contract of purchase with Mrs. Mary Chadwick, who agreed upon the payment of a certain sum of money to execute a Jeed for the same; that if the payment was not made as stipulated in the contract, then it should be null and void ; ¡that Mrs. Chadwick subsequently conveyed to the plaintiif; and that the defendant had failed to pay any part of the-purchase money. Wherefore the plaintiff demanded…
1Opinion of the CourtRodman, J.
This is a case which has been so obscured by bad pleading and careless procedure, on both sides, as to make it extremely difficult to be dealt with, without danger of doing injustice to one or the other of the parties. A simple question of fact, which appears to be the only question about which the parties really differ, has been unnecessarily complicated with a perplexing question of practice. In such a case, where there are no decisive precedents or rules,, and the equity of neither party clearly appears, all that we can do, is, so to order, that as far as we can effect it, no injustice…
2Cited by6 opinions
- Johnson v. . FinchSupreme Court of North Carolina · 1885
- Cox v. Hennis Freight LinesSupreme Court of North Carolina · 1952
- Robeson v. . HodgesSupreme Court of North Carolina · 1890
- McDaniel v. . LeggettSupreme Court of North Carolina · 1945
- Grant v. . BurgwynSupreme Court of North Carolina · 1883
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