Stockton v. . Briggs
Supreme Court of North Carolina
Appeal from an interlocutory order of the Court of Equity of Gaston county, continuing an injunction, Manly, J., presiding.
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Appeal from an interlocutory order of the Court of Equity of Gaston county, continuing an injunction, Manly, J., presiding. The bill sets out that the defendant visited the plaintiff in the city of Philadelphia, and proposed to sell him a tract of land, lying in the county of Gaston, North Carolina, known as the King’s mountain gold-mine tract, which mine, the defendant represented to be of extraordinary richness ; that the plaintiff know nothing of the mine, but that he, believing his statements to be true, made a conditional purchase of the property for the sum of fifty thousand dollars,…
1Opinion of the CourtPbaesoN, C. J.
The allegation of the plaintiff that in November, 1854, a few months after the original contract was entered into, it was so modified as to allow him to remove the machinery which he was to erect for the purpose of testing the mine, being distinctly and positively denied by the answer, is to be put out of the case at this stage of the proceedings.
The allegation, that in April, 1855-, at Chester Courthouse', the parties by mutual consent, agreed to rescind the eon tract altogether, “and, therefore, and thereupon\ it was agreed by the plaintiff and defendant, that the plaintiff should surrender…
2Cited by6 opinions
- Horne v. . EdwardsSupreme Court of North Carolina · 1939
- Moore v. . GulleySupreme Court of North Carolina · 1907
- Kinsland v. . AdamsSupreme Court of North Carolina · 1916
- McCoy v. . JusticeSupreme Court of North Carolina · 1929
- Molyneux v. . HueySupreme Court of North Carolina · 1879
1 more not listed; retrieve them via the Exa API.