Morrison v. . Hartley
Supreme Court of North Carolina
Appeal by defendant from Long, J., at tbe July Terna, 1919, of' Catawba. Tbe plaintiff sues to recover damages for fraud in tbe sale of real estate (160 acres) in Oklahoma, basing tbe action on alleged false representations of defendant vendor, -that it was worth $200 per acre, their purpose being investment and speculation.
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Appeal by defendant from Long, J., at tbe July Terna, 1919, of' Catawba. Tbe plaintiff sues to recover damages for fraud in tbe sale of real estate (160 acres) in Oklahoma, basing tbe action on alleged false representations of defendant vendor, -that it was worth $200 per acre, their purpose being investment and speculation. In tbe summer of 1909, tbe plaintiff, tbe defendant, and "W. L. Hart-ley, a brother of defendant, all residents of North Carolina, went to-Oklahoma and purchased 160 acres of land near the town of Britton,, for $16,000. In a few days after tbe purchase of this land, they…
1Opinion of the CourtAlleN, J.
There are twenty-tbree exceptions in tbe record, sixteen to tbe admission or exclusion of evidence, one to tbe refusal to nonsuit, two to instructions on tbe issue of damages, three to instructions on tbe issue of tbe statute of limitations, and one to tbe signing of tbe judgment.
None of these require extended discussion, because tbe real controversy was one of fact, and most of tbe exceptions were taken as matter •of precaution during tbe progress of tbe trial.
Those principally relied on are to permitting tbe contents of a telegram, purporting to have been sent by tbe defendant to tbe…
2Cases cited4 opinions
- Holloman v. Southern Railway Co.Supreme Court of North Carolina · 1916
- Ledford v. Emerson.Supreme Court of North Carolina · 1905
- Faulcon v. . JohnsonSupreme Court of North Carolina · 1889
- Carrington v. . AllenSupreme Court of North Carolina · 1882
3Cited by8 opinions
- Davis v. North Carolina Shipbuilding Co.Supreme Court of North Carolina · 1920
- Horne v. CloningerSupreme Court of North Carolina · 1961
- Doman v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1942
- Rivenbark v. Shell Union Oil Corp.Supreme Court of North Carolina · 1940
- Miles v. . WalkerSupreme Court of North Carolina · 1920
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