Legal Opinion
Lamb v. Staples
Supreme Court of North Carolina
Decided September 19, 1951No. 19PublishedCited by 3 opinions
1Opinion of the CourtDeNNY, J.
The defendants having breached their alleged contract with the plaintiff by conveying a portion of the premises they agreed to convey to him, to L. E. Collins, they are not now in a position to comply with a judgment for specific performance. Moreover, their grantee, L. E. Collins, the present owner of a portion of the 1,200-acre tract of land, is not a party to this action. White v. Rankin, 206 N.C. 104, 173 S.E. 282.
The plaintiff in his complaint does not undertake to allege facts to support a decree for specific performance, but on the contrary bottoms his action on the breach of the…
2Cases cited9 opinions
- Baber v. HanieSupreme Court of North Carolina · 1913
- Baber v. . HanieSupreme Court of North Carolina · 1913
- Councill v. . BaileySupreme Court of North Carolina · 1910
- Jones v. Atlantic & Western RailroadSupreme Court of North Carolina · 1927
- White v. . RankinSupreme Court of North Carolina · 1934
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3Cited by3 opinions
- Thompson v. HorrellSupreme Court of North Carolina · 1968
- Fox Holdings, Inc. v. Wheatly Oil Co.Court of Appeals of North Carolina · 2003
- Goodyear Mortgage Corp. v. Montclair Development Corp.Court of Appeals of North Carolina · 1968