Beaman v. . Simmons
Supreme Court of North Carolina
Executory Contract — Implied Promise. ActioN for money had and received, tried in a Justice’s-Court of Wayne County, where judgment was given for plaintiff for $113.35. The defendant appealed to the Superior Court of said County, and the case was tried at Eall Term, 1876, before Seymour, J. After the witnesses for plaintiff were examined — the substance of whose testimony is stated in the opinion of this Court — His Honor intimated an opinion, that plaintiff according to his…
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Executory Contract — Implied Promise. ActioN for money had and received, tried in a Justice’s-Court of Wayne County, where judgment was given for plaintiff for $113.35. The defendant appealed to the Superior Court of said County, and the case was tried at Eall Term, 1876, before Seymour, J. After the witnesses for plaintiff were examined — the substance of whose testimony is stated in the opinion of this Court — His Honor intimated an opinion, that plaintiff according to his own showing, was not entitled to recover.. Whereupon plaintiff submitted tó judgment of nonsuit and. appealed.
1Opinion of the CourtEaikcloth, J.
The defendant contracted orally, to sell a tract of land to the plaintiff, and subsequently agreed that one Ilicks might come into the trade equally with the plaintiff. On the next day the three parties met together, and the defendant made a conditional deed to Hicks for the land and the plaintiff paid in cash $100 of the purchase price, and he and Hicks gave their notes to the defendant ■for the balance of the purchase money and took possession of the land. Subsequently a doubt was suggested, as to the validity of defendant’s title,. and the parties met and mutually agreed to cancel the…
2Cases cited2 opinions
- Triplett v. . WitherspoonSupreme Court of North Carolina · 1876
- McMillan v. . EdwardsSupreme Court of North Carolina · 1876
3Cited by6 opinions
- Phifer v. . BarnhartSupreme Court of North Carolina · 1883
- Austin v. . KingSupreme Court of North Carolina · 1884
- Wilkie v. . WombleSupreme Court of North Carolina · 1884
- Carter v. . CarterSupreme Court of North Carolina · 1921
- Edwards v. . DickinsonSupreme Court of North Carolina · 1889
1 more not listed; retrieve them via the Exa API.