Faircloth v. . Kenlaw
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at November Term, 1913, of Hoke. Plaintiff, at defendant’s request, agreed to sell 70 acres of land for bim at $2,500, with tbe understanding tbat, if be did so, defendant would convey to bim tbe remaining 4 acres of tbe land.
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Appeal by defendant from Lyon, J., at November Term, 1913, of Hoke. Plaintiff, at defendant’s request, agreed to sell 70 acres of land for bim at $2,500, with tbe understanding tbat, if be did so, defendant would convey to bim tbe remaining 4 acres of tbe land. Plaintiff secured a purchaser for tbe land, to whom tbe defendant sold and conveyed it, but refused to pay the plaintiff for bis services, and instead of performing his part of tbe contract as it was made, be pleads tbe statute of frauds to this action'for tbe value of plaintiff’s services so rendered to bim. Plaintiff alleged in bis…
1Opinion of the Court
Walkee, J.,
after stating tbe case: Tbe defendant cannot escape liability for tbe value of tbe services rendered by tbe plaintiff, at bis request, by pleading tbe statute of frauds. He asked for tbe services, and has received tbe full benefit of them, and tbe law implies a promise to .pay for them wbat they are reasonably worth; otherwise, the statute would be turned into an instrument of fraud instead 'of executing the purpose for which it was passed. It was intended to prevent and not to promote fraud. What was said by an able and learned court in a similar case is applicable here: The case…
2Cases cited13 opinions
- Ellicott v. TurnerCourt of Appeals of Maryland · 1853
- Albea v. GriffinSupreme Court of North Carolina · 1838
- Abbott v. Hunt.Supreme Court of North Carolina · 1901
- Tucker v. . MarklandSupreme Court of North Carolina · 1888
- Hedgepeth v. . RoseSupreme Court of North Carolina · 1886
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Grantham v. . GranthamSupreme Court of North Carolina · 1933
- Price v. . AskinsSupreme Court of North Carolina · 1937
- Pickelsimer Ex Rel. Gash v. PickelsimerSupreme Court of North Carolina · 1962
- Stewart v. . WyrickSupreme Court of North Carolina · 1947
- Wells v. ForemanSupreme Court of North Carolina · 1952
7 more not listed; retrieve them via the Exa API.