Howell v. . Pate
Supreme Court of North Carolina
Appeal by plaintiff and defendant from D&üin, J., at October Term, 1920, of WayNE. Oivil action for damages, tried upon an alleged breach of the following contract: Goldsboro, N. 0., 6 October, 1919. I agree to make John D. Howell a deed for the 21 acres of land that I bought from Willie B. Pate when he pays me, on 1 January, 1920, the balance of purchase price, $6,500, he now paying me $500 to bind said trade. J. H. Pate. Witness: J oust D. Howell.
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Appeal by plaintiff and defendant from D&üin, J., at October Term, 1920, of WayNE. Oivil action for damages, tried upon an alleged breach of the following contract: Goldsboro, N. 0., 6 October, 1919. I agree to make John D. Howell a deed for the 21 acres of land that I bought from Willie B. Pate when he pays me, on 1 January, 1920, the balance of purchase price, $6,500, he now paying me $500 to bind said trade. J. H. Pate. Witness: J oust D. Howell. It appears from the pleadings that the $6,500 stipulated in the contract to be paid on 1 January, 1920, was not tendered until 6 January, 1920.…
1Opinion of the Court
Civil action for damages, tried upon an alleged breach of the following contract:
GOLDSBORO, N.C. 6 October, 1919.
I agree to make John D. Howell a deed for the 27 acres of land that I bought from Willie B. Pate when he pays me, on 1 January, 1920, the balance of purchase price, $6,500, he now paying me $500 to bind said trade. J. H. PATE.
Witness: JOHN D. HOWELL.
It appears from the pleadings that the $6,500 stipulated in the contract to be paid on 1 January, 1920, was not tendered until 6 January, 1920. But in this connection it is alleged that on 6 October, 1919, after the execution of the…
2Cases cited7 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Leroy v. Jacobosky.Supreme Court of North Carolina · 1904
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