Pitt v. . Moore
Supreme Court of North Carolina
Specific Performance of Contract — Statute Frauds — Better-ments — License—Parties. Civil action, tried before Avery, J., at Fall Term, 1887, of the Superior Court of Edgecombe.
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Specific Performance of Contract — Statute Frauds — Better-ments — License—Parties. Civil action, tried before Avery, J., at Fall Term, 1887, of the Superior Court of Edgecombe. It is alleged and admitted that James Lawrence, late of Edgecombe, died in said county in 1884, leaving a last will and testament, which was duly proved, and the plaintiff, executor therein named, duly qualified as such, and that by the terms of said will he is authorized to sell the interest of his testator in the property mentioned in the pleadings. It also appears that at the time of the death of the testator, and…
1Opinion of the Court
Davis, J.,
(after stating the case). 1. Is the plaintiff en-tited to have a specific performance of the promise made by the defendant to execute to his testator a deed for one half of the mill site ?
The plaintiff insists that though not in writing, the contract as alleged, is substantially admitted by the defendant, and the equity of the plaintiff not denied, and that the objection that it was not in writing, but by parol, could only be taken by answer, and as the statute was not set up as a defence in the answer, that question is not before the Court.
We take a different view.
The defendant…
2Cases cited2 opinions
- Gulley v. . MacYSupreme Court of North Carolina · 1881
- Hedgepeth v. . RoseSupreme Court of North Carolina · 1886
3Cited by33 opinions
- State v. WardSupreme Court of North Carolina · 1994
- Jones v. . WilliamsSupreme Court of North Carolina · 1911
- Eaton v. . DoubSupreme Court of North Carolina · 1925
- Lamar, Et Ux. v. Lechlider, Et Ux.Supreme Court of Florida · 1939
- Grantham v. . GranthamSupreme Court of North Carolina · 1933
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