Rudisill v. . Whitener
Supreme Court of North Carolina
Civil actioN, tried before Guión, J., and a jury, at June Term, 1907, of tbe Superior Court of Buhejs County. This was an action to compel specific performance of a contract to sell land.
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Civil actioN, tried before Guión, J., and a jury, at June Term, 1907, of tbe Superior Court of Buhejs County. This was an action to compel specific performance of a contract to sell land. Tbe plaintiff alleged that, on 6 October, 1905, tbe defendant executed and delivered to bim tbe following paper-writing: “Received of M. R. Rudisill ten dollars, part payment oil my farm, wbicb I agree to sell bim for two thousand dollars, and to make bim a good and lawful deed, on or before 1 January, 1906, upon payment of balance of two thousand dollars. This 6 October, 1905. (Signed) A. A. Whitener.”…
1Opinion of the Court
CoNNOR, J.,
after stating tbe facts: His Honor inadvertently failed to note tbe distinction between a suit brought to rescind and set aside a contract on tbe ground of alleged fraud in tbe factum, or in tbe treaty, and one in which defendant is resisting a bill for specific performance, without drawing into question tbe validity of tbe contract. ILe unduly narrowed tbe scope of tbe defense. If, for instance, "Whitener bad sued plaintiff to rescind tbe contract for that bis signature was obtained by fraud, in that it was read to him incorrectly and its true- contents suppressed, tbe instruction…
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