Davis v. . Terry
Supreme Court of North Carolina
Civil actiox, tried before Brown, J., ¡uxl a .jury, at a Special Term of Pasquotaxm: Superior Court. There was judgment for plaintiff, and defendant appealed. The facts are .sufficiently stated in the opinion of Chief Justice Siikpiikhd. (See also, Davis v. Ely, 104 X. C., 16, and Ely v. /laris, 111 X. 0., 24).
1Opinion of the Court
Siiki’iikri), C. J.:
This is an action for the specific performance of a contract to convey a certain part of what is called the “Great Park Estate.” Under the terms of the contract the defendants Ely and wife through their attorney in fact, Terry, covenanted, in consideration of the sum of five thousand dollars (which has been paid by the plaintiff), to convey to the plaintiff one-half of said real estate, to be ascertained by a survey, running a. line nearly north and south, the said survey to be made at the joint expense of the parties. The defendants in the same agreement also covenanted…
2Cases cited3 opinions
- Ely v. . DavisSupreme Court of North Carolina · 1892
- Hawkins v. . HughesSupreme Court of North Carolina · 1882
- Davis v. . ElySupreme Court of North Carolina · 1889
3Cited by4 opinions
- Warren v. . SusmanSupreme Court of North Carolina · 1915
- Abbott v. ThorneWashington Supreme Court · 1904
- Sawyer v. ShickSupreme Court of Oklahoma · 1911
- Weinstein v. Glens Falls Insurance CompanySupreme Court of Virginia · 1961