Murdock v. . Anderson
Supreme Court of North Carolina
Cause removed from the Court of Equity of Orange county. The bill alleged a parol contract, which was, that the defendant should convey to the plaintiff, Murdoch, a certain house and lot, in the town of Hillsboro’, which is described in the bill according to certain metes and bounds, but the only memorandum, or written evidence of the contract, relied on, was the following : “Deceived of A. C. Murdock one hundred dollars in tinware, and one carryall at seventy-five dollars,…
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Cause removed from the Court of Equity of Orange county. The bill alleged a parol contract, which was, that the defendant should convey to the plaintiff, Murdoch, a certain house and lot, in the town of Hillsboro’, which is described in the bill according to certain metes and bounds, but the only memorandum, or written evidence of the contract, relied on, was the following : “Deceived of A. C. Murdock one hundred dollars in tinware, and one carryall at seventy-five dollars, in part payment of one house and lot, in the town of Hillsborough, purchased of me, by him, for the sum of three hundred…
1Opinion of the CourtPearson, J.
It is the misfortune of the plaintiffs that the contract was not reduced to writing, at the time it was entered into. The defendant denies the contract as alleged in the bill, and the plaintiff is forced to rely on a recital set out in a receipt for a part of the purchase-money. ¥e think the 'evidence is insufficient, because the receipt contains no description of the house and lot, by which it can be identified.
This conclusion is fully supported by the authorities, Mallory v. Mallory, Busb. Eq. 80; Plummer v. Owens, ib. 254; Allen v. Chambers, 4 Ire. Eq. 125.
The distinction is this: where a…
2Cited by15 opinions
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