Little v. . McCarter
Supreme Court of North Carolina
Civil ACTION commenced before a justice of the peace and tried on appeal at Fall Term, 1883, of Asi-ib Superior Court, before Avery, J. The defendants filed an answer to the oral complaint, by leave of the judge.
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Civil ACTION commenced before a justice of the peace and tried on appeal at Fall Term, 1883, of Asi-ib Superior Court, before Avery, J. The defendants filed an answer to the oral complaint, by leave of the judge. On the trial the plaintiff testified in his own behalf, that one Levi McCarter was trying to sell to him a tract of land,' on which the said McCarter resided, and demanded therefor two-thousand dollars, but the plaintiff offered him eight hundred dollars, which he refused to take. The plaintiff then having abandoned the idea of purchasing the land, left the house of McCarter, and on…
1Opinion of the CourtAshe, J.
The statute of frauds has no application to the contract which is the subject of this action. It is neither a contract for the purchase of an interest in land, nor is it a promise to answer for the debt or default of another, within the statute of frauds.
The defendants made no contract for the purchase of an interest in the land of Levi McCarter. That was a contract altogether between the plaintiff and the said McCarter. 'If the defendants, when the plaintiff ivas negotiating for the purchase of the land, had promised, in consideration of McCarter’s selling it to plaintiff for two thousand…
2Cases cited1 opinion
- Leach v. Western North Carolina Rail RoadSupreme Court of North Carolina · 1871
3Cited by13 opinions
- Exum v. LynchSupreme Court of North Carolina · 1924
- Peele v. PowellSupreme Court of North Carolina · 1911
- Robeson v. . HodgesSupreme Court of North Carolina · 1890
- Exum v. . LynchSupreme Court of North Carolina · 1924
- Whitehurst v. . HymanSupreme Court of North Carolina · 1884
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