Woodell v. Davis
Supreme Court of North Carolina
Appeal by plaintiff from Braswell, J., April 1963 Session of John-STON. Plaintiff denominates this an action for the wrongful foreclosure of a deed of (trust. She sues the purchasers of the property who are the holder of the note land deed of trust and his wife. The ease was heard on a motion to ©trike and a demurrer to .the complaint.
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Appeal by plaintiff from Braswell, J., April 1963 Session of John-STON. Plaintiff denominates this an action for the wrongful foreclosure of a deed of (trust. She sues the purchasers of the property who are the holder of the note land deed of trust and his wife. The ease was heard on a motion to ©trike and a demurrer to .the complaint. In summary, the allegations remaining in the complaint after the judge ¡ruled- upon the motion to strike are: On October 7, 1957, plaintiff .and her husband purchased a house and lot -as tenants by the en-tireties in Bladen County from F. L. Boole. To secure…
1Opinion of the CourtSharp, J.
The .motion to is.tr.ike was properly allowed. The stricken paragraphs alleged .the breach of an agreement to delay foreclosure as long as plaintiff paid the interest on .the indebtedness and, in .any event, not to foreclose without giving .plaintiff sufficient notice so that she could refinance. However, plaintiff alleges no consideration for this promise. Therefore, it will not support a contract enforcible in law or sustain an action for damages for its breach. Craig v. Price, 210 N.C. 739, 188 S.E. 321, a case in which the plaintiff .alleged an agreement similar to the one ¡averred here,…
2Cases cited8 opinions
- Jenkins v. . GriffinSupreme Court of North Carolina · 1918
- Foust v. Gate City Savings & Loan Ass'nSupreme Court of North Carolina · 1950
- Cawfield v. Owens.Supreme Court of North Carolina · 1901
- Skinner v. Empresa Transformadora De Productos AgropecuariosSupreme Court of North Carolina · 1960
- Lamm v. CrumplerSupreme Court of North Carolina · 1951
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- S & G Investment Inc. v. Home Federal Savings and Loan AssociationCourt of Appeals for the D.C. Circuit · 1974
- Hodges v. WellonsCourt of Appeals of North Carolina · 1970
- CERTAIN-TEED PRODUCTS CORPORATION v. SandersSupreme Court of North Carolina · 1965
- Huggins v. DementCourt of Appeals of North Carolina · 1972
- Britt v. BrittCourt of Appeals of North Carolina · 1975