Loughran v. . Giles
Supreme Court of North Carolina
This was a civil actioN for damages for the breach of a contract to convey land, heard upon complaint and demurrer by Merrimon, J, at the December Term, 1891, of BuNcombe Superior Court. The demurrer was to the effect that the complaint failed to state a cause of action and was overruled, and defendant appealed. The complaint set up the following letter and telegram : Wilmington, N. C., May 18th, 1891. Mr. Jas.
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This was a civil actioN for damages for the breach of a contract to convey land, heard upon complaint and demurrer by Merrimon, J, at the December Term, 1891, of BuNcombe Superior Court. The demurrer was to the effect that the complaint failed to state a cause of action and was overruled, and defendant appealed. The complaint set up the following letter and telegram : Wilmington, N. C., May 18th, 1891. Mr. Jas. H. Lougi-iraN, Asheville, N. C. Dear Sir: I must beg your pardon for the delay in replying to your letter of the 8th inst. My bookkeeper has been sick; one of the clerks off on a…
1Opinion of the Court
Avery, J.:
The plaintiff declares in terms upon both a verbal and a written contract, as it was competent for him to do. Harris v. Sneeden, 104 N. C., 369; Knight v. Houghtalling, 85 N. C , 17; Dail v. Freeman, 92 N. C., 351; Johnson v. Finch, 93 N. C., 205. A verbal contract is not absolutely void, but voidable at the option of the party “to be charged therewith,” when an action is brought to enforce it. Foust v. Shoffner, Phil. Eq., 242; Syme v. Smith, 92 N. C., 338. If, in answer to the demand for its enforcement, he denies the alleged agreement, or sets up another and a different contract,…
2Cases cited13 opinions
- Johnson v. . FinchSupreme Court of North Carolina · 1885
- Davis v. . InscoeSupreme Court of North Carolina · 1881
- Harris v. . SneedenSupreme Court of North Carolina · 1889
- Cox v. . WardSupreme Court of North Carolina · 1890
- Young v. YoungSupreme Court of North Carolina · 1879
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Brewer v. . WynneSupreme Court of North Carolina · 1911
- Williams v. Crosby Lumber Co.Supreme Court of North Carolina · 1896
- Henry v. . HilliardSupreme Court of North Carolina · 1911
- Hemmings v. . DossSupreme Court of North Carolina · 1899
- Young v. . YoungSupreme Court of North Carolina · 1879
7 more not listed; retrieve them via the Exa API.