Tuttle v. . Harrill
Supreme Court of North Carolina
Civil Aotion tried at Fall Term, 1880-, of RutbeRfoe.» Superior Court, before Seymour, J. This action was brought to enforce the- specific performance of a contract for the purchase of land alleged to have been entered into between the plaintiff Tuttle and the defendant, and for the possession of the same land. The action was originally brought in the name of the plaintiff Tuttle alone, the plaintiff Logan being entered a& his attorney of record.
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Civil Aotion tried at Fall Term, 1880-, of RutbeRfoe.» Superior Court, before Seymour, J. This action was brought to enforce the- specific performance of a contract for the purchase of land alleged to have been entered into between the plaintiff Tuttle and the defendant, and for the possession of the same land. The action was originally brought in the name of the plaintiff Tuttle alone, the plaintiff Logan being entered a& his attorney of record. During the progress of the cause a motion was made at the instance of the plaintiff Tuttle to dismiss the action, the attorney who made the motion…
1Opinion of the Court
Ruffin, J.,
after stating the facts. It is to be observed in the first place that the assumption of the plaintiffs as to the differences existing in the character, scope and purposes of the several actions waged between the parties in regard to the land in question, is not strietly accurate. So far as the present action and that which terminated in a verdict and judgment for defendant at spring term, 1878, of the same court, are concerned, they seem to be identical as to the parties, the alleged causes of action, the defences relied upon, and the relief demanded ; and it being admitted that…
2Cases cited1 opinion
- Farmer v. . DanielSupreme Court of North Carolina · 1880
3Cited by41 opinions
- Chouteau v. GibsonSupreme Court of Missouri · 1882
- Southern Distributing Co. v. CarrawaySupreme Court of North Carolina · 1928
- Ludwick v. . PennySupreme Court of North Carolina · 1911
- Gibbs v. . HigginsSupreme Court of North Carolina · 1939
- Gillam v. . EdmonsonSupreme Court of North Carolina · 1910
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