Legal Opinion

Franklin v. Elizabeth Realty Co.

Supreme Court of North Carolina

Decided January 27, 1932PublishedCited by 8 opinions

1Opinion of the CourtClarksoN, J.

At tbe close of plaintiffs’ evidence and at tbe close of all tbe evidence, tbe defendants moved for judgment as in case of nonsuit. C. S., 567. Tbe court below allowed tbe motion at tbe close of all tbe evidence, and in this we can see no error.

What constitutes a general scheme or plan is stated in 27 E. C. L., under “Vendor and Purchaser,” p. 766, part of see. 531, as follows: “Tbe cardinal test in determining whether a restriction imposed by a grantor in selling lots into which be bas divided a tract of land is in pursuance of a general plan or neighborhood scheme bas been said to be…

2Cases cited5 opinions

  1. Myers Park Homes Co. v. FallsSupreme Court of North Carolina · 1922
  2. Bailey v. Jackson-Campbell Co.Supreme Court of North Carolina · 1926
  3. Johnston v. . GarrettSupreme Court of North Carolina · 1925
  4. Higgins v. HoughSupreme Court of North Carolina · 1928
  5. Stroupe v. TruesdellSupreme Court of North Carolina · 1928

3Cited by8 opinions

  1. Higdon v. JaffaSupreme Court of North Carolina · 1949
  2. Humphrey v. . BeallSupreme Court of North Carolina · 1939
  3. Maples v. HortonSupreme Court of North Carolina · 1954
  4. Brenizer v. . StephensSupreme Court of North Carolina · 1941
  5. Vernon v. R. J. Reynolds Realty Co.Supreme Court of North Carolina · 1946

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