Hundley v. Hulber

On April 28, 1959, W. S. Hundley filed a bill of complaint against Anthony Hulber, Peter P. Hulber, Jesse R. Hulber, Louis Hulber, Jr., and others, in which he sought specific performance of an oral contract for the sale to him by the Hulbers of timber on land owned by them. A demurrer interposed to the bill by the Hulbers and other defendants was sustained, and by decree of June 29, 1959, the bill was dismissed. We granted Hundley an appeal.

In his bill Hundley alleged that the four Hulbers were co-owners of two described tracts of land, totaling about 401 acres, in Mecklenburg county,…