Perry v. Martha A.
Supreme Court of North Carolina
Appeal by defendants from Adams, J., at the June Term, 1921, of HENDERSON. This action was brought to recover damages for improvements made upon land, which defendants promised by parol to convey, but which they failed to do, and for money expended and services rendered in reliance upon said promise so repudiated.
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Appeal by defendants from Adams, J., at the June Term, 1921, of HENDERSON. This action was brought to recover damages for improvements made upon land, which defendants promised by parol to convey, but which they failed to do, and for money expended and services rendered in reliance upon said promise so repudiated. In the case at bar the plaintiff alleges that he had been in the employ of the defendants since he had been large enough to earn his own living, and, in July, 1913, he was offered very much higher wages than the defendants were paying, and he went to defendants and told them that he…
1Opinion of the Court
Waleer, J.,
after stating the case: 1. The defendants’ first ground of exception is the court’s instruction to the jury that the burden was upon the plaintiff to satisfy them by the greater weight of the evidence that the alleged contract was made, and if, upon consideration of all the evidence, the plaintiff has satisfied them that the defendants made the contract upon which he relies, that is, a contract .to convey to him the house and lot, to pay him money, and give him the use and occupation of the house and lot, they will answer the first issue “Yes,” and further, that it has long been…
2Cases cited8 opinions
- Bond v. Pickett Cotton Mills, Inc.Supreme Court of North Carolina · 1914
- Albea v. GriffinSupreme Court of North Carolina · 1838
- Luton v. Badham.Supreme Court of North Carolina · 1900
- Kester Bros. v. Miller Bros.Supreme Court of North Carolina · 1896
- McCracken v. . McCrackenSupreme Court of North Carolina · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Harris & Harris Construction Co. v. Crain & Denbo, Inc.Supreme Court of North Carolina · 1962
- Dailey v. Integon General Ins. Corp.Court of Appeals of North Carolina · 1985
- Investment Properties of Asheville, Inc. v. AllenSupreme Court of North Carolina · 1972
- Bushkin Associates, Inc. v. Raytheon CompanyCourt of Appeals for the First Circuit · 1990
- Environmental Landscape Design Specialist v. ShieldsCourt of Appeals of North Carolina · 1985
13 more not listed; retrieve them via the Exa API.