Houston v. . Sledge
Supreme Court of North Carolina
This is a civil action, tried before Clark, J., at Fall Term, 1888, of McDowell Superior Court. The plaintiff instituted her suit against the defendants M. L. Sledge and Joshua McCurry, executor and executrix of R. Don.
Read the full summary
This is a civil action, tried before Clark, J., at Fall Term, 1888, of McDowell Superior Court. The plaintiff instituted her suit against the defendants M. L. Sledge and Joshua McCurry, executor and executrix of R. Don. Wilson; the first named being also his devisee of the lot which the testator is alleged to have contracted to. convey to John W. Houston, the deceased husband of the plaintiff, who claims- to be -the owner of all his estate — to-enforce the specific execution of the contract and the conveyance of the lot on payment of the purchase money, the-said vendee having died before any…
1Opinion of the CourtSmith, C. J.
(after stating the case.) The action thus assumes a new form, being changed from one demanding a specific performance to one for the recovery of the money agreed to be paid upon its rescission and the restoration of the lot, which is a substitute for the surrendered claim first made and asserted.
When this cause was before us upon a former appeal—98 N. C., 414—from the ruling sustaining the defendants’ demurrer to the replication taken to the answer, this language was used in reference to the alleged departure of the-replication from the case made in the complaint: “But the-plaintiff may waive…
2Cases cited5 opinions
- Boyett v. . VaughanSupreme Court of North Carolina · 1881
- McCracken v. . McCrackenSupreme Court of North Carolina · 1883
- Perry v. . AdamsSupreme Court of North Carolina · 1887
- Hughes v. . WhitakerSupreme Court of North Carolina · 1881
- Boyett v. . VaughanSupreme Court of North Carolina · 1878
3Cited by6 opinions
- Mayes v. StephensOregon Supreme Court · 1901
- Hastings v. MatlockCalifornia Court of Appeal · 1985
- Scott v. JordanSupreme Court of North Carolina · 1952
- Newby v. . Realty Co.Supreme Court of North Carolina · 1921
- Newby v. Atlantic Coast Realty Co.Supreme Court of North Carolina · 1921
1 more not listed; retrieve them via the Exa API.