Legal Opinion

Anderson v. . Harrington

Supreme Court of North Carolina

Decided October 1, 1913PublishedCited by 17 opinions

Appeal by defendant from 0. II. Allen, J., at May Term, 1913, of CbaveN. Civil action. Tbis issue was submitted to tbe jury by tbe court: “Did tbe plaintiff and defendant contract and agree as alleged in section 1 of tbe complaint, and was tbe deed made to Harring*ton in accordance witb said agreement?- Answer; Yes.”

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Appeal by defendant from 0. II. Allen, J., at May Term, 1913, of CbaveN. Civil action. Tbis issue was submitted to tbe jury by tbe court: “Did tbe plaintiff and defendant contract and agree as alleged in section 1 of tbe complaint, and was tbe deed made to Harring*ton in accordance witb said agreement?- Answer; Yes.” Section 1 of tbe complaint is as follows: That prior to 11 April, 1911, tbe plaintiff bad bargained for tbe purchase of tbe tract of land herein referred to, at tbe price of $450, and applied to tbe defendant W. LL Harrington for tbe money, whereupon it was agreed between tbe…

1Opinion of the CourtBkowN, J.

In tbe view we take of tbis case, it is unnecessary to consider eacb of tbe numerous assignments of error.

In tbe briefs tbe action appears to be treated as one to settle a copartnership, whereas it is in reality an action to set up and establish a parol trust in land.

Tbe defendant requested bis Honor to charge tbe jury:

“There is no evidence in tbis case to sustain a recovery of an interest in land. In order to recover land, there must be some memorandum in. writing signed by tbe party to be bound thereby.”

Tbis is not an action for specific performance of a contract in tbe sale of land, but…

2Cases cited5 opinions

  1. Shelton v. . SheltonSupreme Court of North Carolina · 1859
  2. Holden v. . StricklandSupreme Court of North Carolina · 1895
  3. Cobb v. EdwardsSupreme Court of North Carolina · 1895
  4. Riggs v. . SwannSupreme Court of North Carolina · 1860
  5. Owens v. Williams.Supreme Court of North Carolina · 1902

3Cited by17 opinions

  1. Creech v. CreechSupreme Court of North Carolina · 1943
  2. Brogden v. GibsonSupreme Court of North Carolina · 1914
  3. Creech v. . CreechSupreme Court of North Carolina · 1943
  4. Atkinson v. AtkinsonSupreme Court of North Carolina · 1945
  5. Newby v. . Realty Co.Supreme Court of North Carolina · 1921

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