Newby v. Atlantic Coast Realty Co.
Supreme Court of North Carolina
Appeal by defendant from Crammer, Jat the April Term, 1920, of Perquimans. This is an action to recover damages for breach of contract. In 1918 the plaintiffs procured an option on the Fleetwood farms in Perquimans County; giving them the right to buy the farms and the stock and the farming implements thereon by 1 January, 1919, for $96,875, and subsequently entered into a contract with the defendants giving them an interest in the option.
Read the full summary
Appeal by defendant from Crammer, Jat the April Term, 1920, of Perquimans. This is an action to recover damages for breach of contract. In 1918 the plaintiffs procured an option on the Fleetwood farms in Perquimans County; giving them the right to buy the farms and the stock and the farming implements thereon by 1 January, 1919, for $96,875, and subsequently entered into a contract with the defendants giving them an interest in the option. Pursuant to agreement between the parties, the land was offered for sale on 6 December, 1918, when, the crowd at the sale not being as expected, the land…
1Opinion of the CourtAlleN, J.
There is no exception in the record requiring the consideration of the application of the statute of frauds to the contract on which the defendants declare, and the case, has been tried on two questions — the existence of a contract and its terms, and the amount of damages in the event of a breach.
The first of these questions is one of fact, and is not complicated by any legal questions except as to the admissibility of evidence, but the second involves the rule for the measurement of damages, which cannot be correctly ■ laid down without a clear apprehension of the nature of the contract.
In…
2Cases cited2 opinions
- Benjamin v. HillardSupreme Court of the United States · 1860
- MacE v. . RamseySupreme Court of North Carolina · 1876
3Cited by13 opinions
- Perkins v. LangdonSupreme Court of North Carolina · 1953
- Kornegay v. Aspen Asset Group, LLCCourt of Appeals of North Carolina · 2010
- Cook v. LawsonCourt of Appeals of North Carolina · 1968
- Newby v. . Realty Co.Supreme Court of North Carolina · 1921
- Whitley v. O'NEALCourt of Appeals of North Carolina · 1969
8 more not listed; retrieve them via the Exa API.