Taylor v. . Kelly
Supreme Court of North Carolina
Cause removed from the Court of Equity of Moore County. The bill was filed against the defendants, for a specific performance of a contract to convey a tract of land, which is alleged to be contained in the following written instrument, viz: “ January 25th, 1850. Received of Mrs. Lydia Margaret Taylor, an order on Col.
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Cause removed from the Court of Equity of Moore County. The bill was filed against the defendants, for a specific performance of a contract to convey a tract of land, which is alleged to be contained in the following written instrument, viz: “ January 25th, 1850. Received of Mrs. Lydia Margaret Taylor, an order on Col. S. J. Person, for two hundred dollars, ■with interest from the 25th of April, 1849, which, when paid to me, is to be in full satisfaction and payment for the land on which she now lives, and I am to give her a deed for the same. Test, Wm. Wadsworth. Alexander Kelly.” Previously…
1Opinion of the CourtPbaksoN, J.
The defendant Kelly opposes the plaintiff’s right to a decree, on three grounds. 1st. lie-contends that the failure of the plaintiff to pay the purchase-money, within reasonable time after it was due, her direction to Person not to make any further payment on the order, and her receiving the money from Person, and subsequent inability to pay the balance of the purchase-money, amounted to a repudiation of the contract on her part at least so as to take from her tiro right to come into a Court of Equity for a specific performance, and put her to an action at law for a breach of the contract.…
2Cited by6 opinions
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- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
- Colby v. StreetSupreme Court of Minnesota · 1920
- Edwards v. . ThompsonSupreme Court of North Carolina · 1874
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