Breaid v. . Munger
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1882, of Camden Superior Court, before Gilliam, J. The plaintiff alleged that the defendants entered into a contract to sell him a certain tract of land in Camden county— describing it in his complaint — and he was thereupon let into possession of the same, and has improved the premises at considerable cost to him.
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Civil Action tried at Fall Term, 1882, of Camden Superior Court, before Gilliam, J. The plaintiff alleged that the defendants entered into a contract to sell him a certain tract of land in Camden county— describing it in his complaint — and he was thereupon let into possession of the same, and has improved the premises at considerable cost to him. He further alleges that he has paid the purchase money in full, and demanded a deed from the defendants, which they refuse to execute. This action is brought for a specific performance of the contract. The defendants, among other things not material…
1Opinion of the CourtSmith, C. J.
The case made in the pleadings and the point presented by the demurrer to the replication, which embodies and reiterates the allegations contained in the original and the amended complaint, is simply as to the sufficiency of the written memorandum, therein set out, as evidence under the statute of frauds of a. binding contract, capable of being enforced against the defendants.
The memorandum is as follows: In settlement with A. E. Breaid, Kipp and Hunger owed him $316.30, to be applied to his 100 acres of land and the lot where his home is paid for in full. Kipp and Muhger,
New Mills, N. C.,…
2Cases cited2 opinions
- Farmer v. . BattsSupreme Court of North Carolina · 1880
- Mayer v. . AdrianSupreme Court of North Carolina · 1877
3Cited by9 opinions
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- Falls of Neuse Manufacturing Co. v. HendricksSupreme Court of North Carolina · 1890
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- Knight v. AlexanderOregon Supreme Court · 1903
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