Ward v. . Albertson
Supreme Court of North Carolina
Appeal by defendant from Whedbee, J., at January Term, 1914, of DupliN. Civil action for specific performance of contract for sale of timber.
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Appeal by defendant from Whedbee, J., at January Term, 1914, of DupliN. Civil action for specific performance of contract for sale of timber. On tbe bearing it was properly made to appear tbat on 14 November, 1912, plaintiff, for and in consideration of $5 tben paid, obtained an agreement in writing from defendant, Jobn Albertson, in terms as follows: Received of A. D. Ward $5,’ and I agree tbat if be pays me $995 prior to 1 January, 1913, to convey to bim all tbe timber and trees 12 inches in diameter and upward 12 inches above the-ground, with tbe usual rights of way and a term of ten years…
1Opinion of the CourtHoke, J.
On tbe argument it was chiefly urged for error: (1) That the contract was not one coming within our registration laws, .and there being no evidence of notice ultra at the time of j.ts purchase, the Hilton Lumber Company is not bound. (2) That the consideration of $5 paid by plaintiff is not sufficient to’justify or uphold the remedy by. specific performance. (3) There is no evidence of any tender'of performance within' the specified time, made to the defendant lumber company, but, in our opinion, on. the facts in evidence, neither position may be allowed to affect plaintiff’s-recovery.
These…
2Cases cited20 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- Ide v. LeiserMontana Supreme Court · 1890
- Smith v. BanghamCalifornia Supreme Court · 1909
- Bateman v. . HopkinsSupreme Court of North Carolina · 1911
- Winders v. . KenanSupreme Court of North Carolina · 1918
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3Cited by27 opinions
- Kidd v. EarlySupreme Court of North Carolina · 1976
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- Normile v. MillerSupreme Court of North Carolina · 1985
- Texaco, Inc. v. CreelSupreme Court of North Carolina · 1984
- First-Citizens Bank & Trust Co. v. FrazelleSupreme Court of North Carolina · 1946
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