Miller v. . Tharel
Supreme Court of North Carolina
Civil ActioN upon a bond, tried before Schenck, J., at Spring Term, 1876, of MeckleNburg Superior Court. In May, 1872, the defendant sold to one Houston a tract of land, for the price of $1,600, of which $300 was paid in cash and Houston gave his note for the balance. A few days thereafter the defendant, becoming dissatisfied, re-purchased the land from Houston for the sum of $1,800, and gave the note sued on to secure the purchase money.
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Civil ActioN upon a bond, tried before Schenck, J., at Spring Term, 1876, of MeckleNburg Superior Court. In May, 1872, the defendant sold to one Houston a tract of land, for the price of $1,600, of which $300 was paid in cash and Houston gave his note for the balance. A few days thereafter the defendant, becoming dissatisfied, re-purchased the land from Houston for the sum of $1,800, and gave the note sued on to secure the purchase money. At this time defendant surrendered to Houston the note for $1,300 aforesaid and had the amount thereof credited upon the note for $1,800, and took from…
1Opinion of the CourtRodman, J.
When the contract for the sale of the land by Houston to Tharel was rescinded and Tharel gave up to Houston the bond for title which Houston had made to him, and received from Houston a paper which Houston said and Tharel believed was the note now sued on, and Tharel destroyed that paper, the liability of Tharel on the note was as much discharged as if he had paid it in money. The case is the same in effect as if he had received the note and put it in his pocket, from which it was afterwards stolen, and the same as if he had received and torn it in pieces and thrown them away and the pieces…
2Cited by13 opinions
- Tyson v. Joyner.Supreme Court of North Carolina · 1905
- Fortune v. . WatkinsSupreme Court of North Carolina · 1886
- Bresee v. . CrumptonSupreme Court of North Carolina · 1897
- First National Bank v. MichaelSupreme Court of North Carolina · 1887
- Jenkins v. . WilkinsonSupreme Court of North Carolina · 1893
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