Durham Consolidated Land & Improvement Co. v. Guthrie
Supreme Court of North Carolina
Civil action, tried before Green, J., and a jury, at Janu-uary Term, 1895, of Dubham Superior Court. The action was brought by the plaintiff to recover money paid or “loaned” to thb defendants. The defendants pleaded a counter claim and from a judgment in favor of the defendants for $330 on their counter claim, the plaintiff appealed.
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Civil action, tried before Green, J., and a jury, at Janu-uary Term, 1895, of Dubham Superior Court. The action was brought by the plaintiff to recover money paid or “loaned” to thb defendants. The defendants pleaded a counter claim and from a judgment in favor of the defendants for $330 on their counter claim, the plaintiff appealed. The defendants had contracted with Fowler, Ferrell & Hides for certain lands in Durham County and held their bonds for title when the purchase money was paid. In 1890 the plaintiffs and defendants entered into the following agreement marked Exhibit B concerning…
1Opinion of the Court
We find from an examination of the record that the main question is, Can the plaintiffs recover back the $2,500 paid in part performance of the agreement set out in the statement of the case?
The action does not seek to enforce the contract, but to recover back the money paid, and the complaint alleges that the written agreement is defective in its descriptive part, and is therefore void by (384) the statute of frauds and cannot be enforced against the defendants by a bill for specific performance. The defendants answer and say, When you perform your agreement, we are ready, willing and able…
2Cases cited4 opinions
- Green v. North Carolina RailroadSupreme Court of North Carolina · 1877
- Wilkie v. . WombleSupreme Court of North Carolina · 1884
- Love v. . WelchSupreme Court of North Carolina · 1887
- Foust v. . ShoffnerSupreme Court of North Carolina · 1867
3Cited by21 opinions
- Parker v. GlossonCourt of Appeals of North Carolina · 2007
- Carver v. LykesSupreme Court of North Carolina · 1964
- Kellogg v. ShusherebaSupreme Court of Vermont · 2013
- Brannock v. FletcherSupreme Court of North Carolina · 1967
- Warner v. W & O, INCORPORATEDSupreme Court of North Carolina · 1964
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