Legal Opinion

Drennan v. . Wilkes

Supreme Court of North Carolina

Decided May 5, 1920PublishedCited by 2 opinions

Civil actioN, tried befqre Lyons, Jat December Term, 1918, of RobesoN, upon these issues: “1. Did the plaintiff comply with the terms of the contract between him and the defendant? Answer: ‘Yes.’ “2. Did the defendant refuse to perform his contract with the plaintiff ? Answer: ‘Yes.’ ” From the judgment rendered defendant appealed.

1Opinion of the CourtBrown, J.

This is an action to compel the specific performance of a contract to convey a tract of land.

It is conténded in this Court that the issues are insufficient to support the judgment. As we understand the case, the terms of the contract are not in dispute. It is admitted in the answer that defendant did contract and agree with plaintiff to sell him the lands for the sum of $1,550. It is alleged in the answer that the plaintiff failed to comply with the agreement. But whatever the terms of the contract were, the jury have found that the plaintiff complied with its terms.

Under this issue it was…

2Cases cited5 opinions

  1. Porter v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
  2. Redmond v. . MullenaxSupreme Court of North Carolina · 1893
  3. Clements v. . RogersSupreme Court of North Carolina · 1886
  4. Antietam Paper Co. v. Chronicle Publishing Co.Supreme Court of North Carolina · 1894
  5. Maxwell v. . McIverSupreme Court of North Carolina · 1893

3Cited by2 opinions

  1. Wallace v. BellamySupreme Court of North Carolina · 1930
  2. Wallace v. . BellamySupreme Court of North Carolina · 1930

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