Conly v. . Coffin
Supreme Court of North Carolina
Civil action, brought against the defendant by plaintiff for the rescission of contract and cancellation of deeds for land, upon the ground of a false representation as to the value of land sold by defendant to plaintiff, tried before Armfield, J., at Fall Term, 1893, of Swain Superior Court. Upon an intimation by his Honor that, in no aspect of the case, could the plaintiff recover, he took a nonsuit and appealed.
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Civil action, brought against the defendant by plaintiff for the rescission of contract and cancellation of deeds for land, upon the ground of a false representation as to the value of land sold by defendant to plaintiff, tried before Armfield, J., at Fall Term, 1893, of Swain Superior Court. Upon an intimation by his Honor that, in no aspect of the case, could the plaintiff recover, he took a nonsuit and appealed. The facts necessary to an understanding of the opinion appear therein.
1Opinion of the Court
Burwbll, J.:
It is alleged in the complaint that J. B. Conly was induced by the false and fraudulent representations of the defendant to execute to him a deed for certain valuable property in this State, and to accept in exchange therefor from the defendant certain real estate in the State of Kansas. He brought this action to have the whole contract rescinded, and he having died, his heirs and personal representative prosecute this suit.
Since his Honor held that, in no aspect of the case, could the plaintiff recover, we must consider the evidence in the light most favorable to them. The false…
2Cited by4 opinions
- Cash Register Co. v. . TownsendSupreme Court of North Carolina · 1905
- Harding v. Southern Loan & InsuranceSupreme Court of North Carolina · 1940
- Smith v. Lumber Co.Supreme Court of North Carolina · 1906
- Willis v. . BranchSupreme Court of North Carolina · 1886