Howard v. . Kimball
Supreme Court of North Carolina
This was a civil action submitted to his Honor, Judge Jones, at the Fall Term, 1870, of Edgecombe Superior Court, upon the following case agreed : On the 1st day of January, 1867, B. B. Nicholson contracted to sell to J. W. Kimball, the defendant, a tract of land for which two notes for $1,000 each, payable on the 1st of January, 1868 and 1869, with interest from date, were given in part payment.
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This was a civil action submitted to his Honor, Judge Jones, at the Fall Term, 1870, of Edgecombe Superior Court, upon the following case agreed : On the 1st day of January, 1867, B. B. Nicholson contracted to sell to J. W. Kimball, the defendant, a tract of land for which two notes for $1,000 each, payable on the 1st of January, 1868 and 1869, with interest from date, were given in part payment. The notes expressed on their face to be in payment “ on the Rocky Swamp tract of land.” Nicholson gave to Kimball a bond to make title to the land upon the payment of the purchase money. In the…
1Opinion of the Court
Pearson, O. J.
1. Suppose Nicholson, the original vendor, had kept the land, then upon the facts agreed, Kimball,, the vendor, would have had a clear equity to rescind the-contract of sale, on the ground of a defect in the title, to a substantial part of the thing sold. A purchaser is entitled to all that he bargains for, and is under no obligation to accept a part, with warranty as to the other, or to accept compensation, unless indeed the part, as to which a good title cannot be made, does not materially affect the value, and it can be seen that the objection is not taken upon the merits,…
2Cited by5 opinions
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