Greenleaf-Johnson Lumber Co. v. Leonard
Supreme Court of North Carolina
Civil actioN, brought by plaintiff for tbe specific performance of a contract and agreement for tbe sale and purchase of a tract of land in Eranldin County, .fully described in said contract, against defendants, W. P. Leonard and wife, JL E. Leonard. The action was heard before Qoóke, Jand a jury, at October Term, 1906, of FbaNKLIN Superior Court.
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Civil actioN, brought by plaintiff for tbe specific performance of a contract and agreement for tbe sale and purchase of a tract of land in Eranldin County, .fully described in said contract, against defendants, W. P. Leonard and wife, JL E. Leonard. The action was heard before Qoóke, Jand a jury, at October Term, 1906, of FbaNKLIN Superior Court. The pleadings are set out in the record, and in its complaint plaintiff alleged the execution of the contract for conveyance of the land, tender of deed within the time prescribed by the contract, drawn in accordance with its terms, and tender also…
1DissentCoNNOR, J.
The exception to his Honor’s refusal to submit the issue tendered by plaintiff is based upon a misconception of defendants’ answer. In the first answer filed the feme defendant alleged that she was induced to sign the contract by the false and fraudulent representations off plaintiff’s agent. This answer, by permission of the Court,, was amended and the charge of fraud expressly withdrawn.. *347Tbis was, in the light of the evidence, proper. I do not find any evidence of fraud on the part of any one connected with the transaction. I have no doubt that the contract was made by the husband to sell…
2Cases cited8 opinions
- Scott v. . BattleSupreme Court of North Carolina · 1881
- Wharton v. Commissioners of CurrituckSupreme Court of North Carolina · 1880
- Tillery v. Land.Supreme Court of North Carolina · 1904
- Benedict v. Jones.Supreme Court of North Carolina · 1901
- Mary N. Woodbourne v. . Ralph Gorrel and OthersSupreme Court of North Carolina · 1872
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