Saunders v. . Hatterman
Supreme Court of North Carolina
This was an appeal from the judgment of the Superior Court of Law of Cabarrus County, at Fall Term, 1841, his Honor Judge Bailey presiding. It was an action on the case for deceit in the sale of land.
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This was an appeal from the judgment of the Superior Court of Law of Cabarrus County, at Fall Term, 1841, his Honor Judge Bailey presiding. It was an action on the case for deceit in the sale of land. It appeared in evidence that the defendant was the owner of a tract of land, in Davie County, containing 210 acres, and sold the same to the plaintiff for a certificate of land scrip on the Texian Government —that the contract of sale and the executing of the deed for the land took place in the county of Cabarrus. Before the deed was executed the defendant told the plaintiff the tract of land…
1Opinion of the CourtDaniel, J.
The defendant (in the County of Cabarrus,) sold to the plaintiff a tract of land, lying in the neighboring County of Davie, which land the plaintiff had never seen. At the time of the contract and at the time of the execution of the deed’, the defendant said that the land was worth about three dollars per acre — that it had sold for five or six hun-| dred dollars, and that it was good land. It was alleged by the plaintiff that those assertions were all false, and known to be false by the defendant when he made them.,/ The Judge ' informed the Jury that an action of deceit would not lie,…
2Cited by13 opinions
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- Cash Register Co. v. . TownsendSupreme Court of North Carolina · 1905
- Brandt v. KroghCalifornia Court of Appeal · 1910
- Williamson v. . HoltSupreme Court of North Carolina · 1908
- Berwer v. Union Central Life InsuranceSupreme Court of North Carolina · 1938
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