Lefkowitz v. . Silver
Supreme Court of North Carolina
Appeal by defendants from Webb, J., at the May Term, 1921, of Eobsyth. This action, in the nature of a suit in equity, was brought by the plaintiff to set up a parol trust in an undivided one-half of the tract of land described in the pleadings, and in order to pass upon the motion of the defendants to nonsuit the plaintiff, it will be advisable to state the issues and the contentions of the parties, which will be done almost in their own language, and, at least,…
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Appeal by defendants from Webb, J., at the May Term, 1921, of Eobsyth. This action, in the nature of a suit in equity, was brought by the plaintiff to set up a parol trust in an undivided one-half of the tract of land described in the pleadings, and in order to pass upon the motion of the defendants to nonsuit the plaintiff, it will be advisable to state the issues and the contentions of the parties, which will be done almost in their own language, and, at least, substantially so. There was evidence, we think, to support the respective claims of the parties. The verdict was as follows: “1.…
1Opinion of the Court
WaieeR, J.,
after stating the material part of the case: The substance of the plaintiff’s contention is that there was an agreement between him and Silver that they should buy the land together for their joint benefit, each contributing one-half of the purchase money, the deed for the land to be made to them as tenants in common, or each to own an undivided one-half thereof, and that the defendant, Milton Silver, thwarted their plan, and the consummation of their purpose, while Fletcher, as their agent, was negotiating for the purchase, by circum venting Fletcher and the plaintiff and buying…
2Cases cited26 opinions
- Avery v. StewartSupreme Court of North Carolina · 1904
- Gaylord v. GaylordSupreme Court of North Carolina · 1909
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Harding v. . LongSupreme Court of North Carolina · 1889
- Sykes v. Boone.Supreme Court of North Carolina · 1903
21 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Bowen v. DardenSupreme Court of North Carolina · 1954
- Johnson v. UmstedCourt of Appeals for the Eighth Circuit · 1933
- Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
- Speight v. Branch Banking & Trust Co.Supreme Court of North Carolina · 1936
- Pridgen v. . PridgenSupreme Court of North Carolina · 1925
32 more not listed; retrieve them via the Exa API.