Cherry v. . Long
Supreme Court of North Carolina
Case, to recover damages for breach of contract, tried at Spring Term 1867 of the Superior Court of Edgecomb, before Barnes J. The facts appear sufficiently in the opinion of the court. In the court below the plaintiff, on an intimation of his Plonor’s opinion submitted to a verdict and appealed. cited Pettijohn v. Williams, 1 J on., 148; Edioards v. Kelley, 8 Jon., 69; MizeU v. Burnett, 4 Jon., 249; Sug. Vend. 74-79; Batten’s Spec. Perf., (L. Lib., 24); Sug.
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Case, to recover damages for breach of contract, tried at Spring Term 1867 of the Superior Court of Edgecomb, before Barnes J. The facts appear sufficiently in the opinion of the court. In the court below the plaintiff, on an intimation of his Plonor’s opinion submitted to a verdict and appealed. cited Pettijohn v. Williams, 1 J on., 148; Edioards v. Kelley, 8 Jon., 69; MizeU v. Burnett, 4 Jon., 249; Sug. Vend. 74-79; Batten’s Spec. Perf., (L. Lib., 24); Sug. Vend., app. 4 and text 10 et seq; Goles v. rlrecothick, 9 Ves., 234; Suq. 75.
1Opinion of the Court
Pearson C. J.
From the manner in which the case is made up, the intention was to present this simple point : At a public sale ofland, a tract is bid off by the defendant; the auctioneer says, “Put it down to James S. Long,” whereupon the clerk enters on his sale list in the presence of Long, “Rayner tract to James S. Long at $40 per acre.” Is this a sufficient signing of a note or memorandum of the contract, within the statute of frauds ?
On the argument Mr. Bragg was forced to admit that, according to the English cases, this is a sufficient signing by the authority of the defendant, for it…
2Cited by9 opinions
- Ray v. WoosterSupreme Court of Missouri · 1954
- Hall v. Misenheimer.Supreme Court of North Carolina · 1904
- Burriss v. . StarrSupreme Court of North Carolina · 1914
- Smith v. . JoyceSupreme Court of North Carolina · 1939
- Hurdle v. WhiteCourt of Appeals of North Carolina · 1977
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