Yarborough v. Hughes.
Supreme Court of North Carolina
ActioN by A. L. Yarborough and others against W. T. Hughes and M. L. T. Davis, heard by Judge W. B. Oouncill and a jury, at the April Term, 1905, of the Superior Court of EbaNkliN County. From a judgment for - tbé defendants, tbe plaintiffs appealed.
Read the full summary
ActioN by A. L. Yarborough and others against W. T. Hughes and M. L. T. Davis, heard by Judge W. B. Oouncill and a jury, at the April Term, 1905, of the Superior Court of EbaNkliN County. From a judgment for - tbé defendants, tbe plaintiffs appealed. This action was brought to set aside a sale of land made by the defendant, W. T. Hughes, under the power given in a contract between him and the plaintiffs, dated April 26, 1902, tire other defendant, M. L. T. Davis, having purchased the land at the sale and received a deed therefor from his co-defendant. Plaintiffs alleged that the defendants…
1Opinion of the Court
WaijcjeR, J.,
after stating the case: We may assume for the sake of the argument, if not for all purposes, that the written agreement between the plaintiffs and Hughes, dated April 26, 1902, is- a contract to sell or to make title upon payment of the purchase money and compliance with the other stipulations, notwithstanding that it has some of the usual terms of a lease expressed in it. Puffer v. Lucas, 112 N. C., 377; Clark v. Hill, 117 N. C., 11; Mfg. Co. v. Gray, 121 N. C., 168; Hervey v. Locomotive Works, 93 U.S., 664. The plaintiffs therefore had the right, or, after default, the equity…
2Cases cited16 opinions
- Clifton v. United StatesSupreme Court of the United States · 1846
- Runkle v. BurnhamSupreme Court of the United States · 1894
- The PizarroSupreme Court of the United States · 1817
- State Ex Rel. DeBerry v. NicholsonSupreme Court of North Carolina · 1889
- Gudger v. . HensleySupreme Court of North Carolina · 1880
11 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- McLain v. Taco Bell Corp.Court of Appeals of North Carolina · 2000
- Michigan National Bank v. HannerSupreme Court of North Carolina · 1966
- Planters National Bank of Virginia v. Wysong & Miles Co.Supreme Court of North Carolina · 1919
- Arndt v. First Union National BankCourt of Appeals of North Carolina · 2005
- State Ex Rel. Cooper v. NCCS Loans, Inc.Court of Appeals of North Carolina · 2005
26 more not listed; retrieve them via the Exa API.