Earle v. . McDowell
Supreme Court of North Carolina
From Burke. Assumpsit upon a written contract, dated in the year 1803, to convey three hundred acres of land on the Mississippi $ “ the titles to be made as soon as the Indian claim to said land, shall be extinguished.” The declaration contained an averment that the Defendant’s intestate died before the Indian claim was extinguished, and the breach assigned was, “ that the Defendant’s had not made to the Plaintiff a title to the land.”
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From Burke. Assumpsit upon a written contract, dated in the year 1803, to convey three hundred acres of land on the Mississippi $ “ the titles to be made as soon as the Indian claim to said land, shall be extinguished.” The declaration contained an averment that the Defendant’s intestate died before the Indian claim was extinguished, and the breach assigned was, “ that the Defendant’s had not made to the Plaintiff a title to the land.” Pleas non assumpsit, and the statute of limitations. To the latter, replication, “ that the Plaintiff was, and had ever been a citizen and inhabitant of the…
1Opinion
McDowell, by a written contract, bound himself to convey certain lands to the plaintiff (describing them) when the Indian title thereto should be extinguished. McDowell died before the Indian title was extinguished; and this action is brought against his executors for a breach of the agreement. All these facts appear upon the face of the declaration.
I am at a loss to see wherein this contract has been violated, either by McDowell in his lifetime or by his executors since his death.
When a person contracts to do what Lord Coke calls a local act, by which I understand an act that requires the…
2Cases cited1 opinion
- State Ex Rel. Harris v. HarrisSupreme Court of North Carolina · 1874