Nicholson v. . Dover
Supreme Court of North Carolina
ActioN for the specific performance of a contract to sell and convey a tract of land, tried before W. R. Allen, J., and a jury, at May Term, 1901, of the Superior Court of Beaueoet County. From judgment sustaining the motion to nonsuit and dismissing the action plaintiff appealed.
1Opinion of the CourtBkowN, J.
The defendant owned twenty-nine-thirtieths of tbe land described in tbe complaint, and B. B. Nicholson owned one-thirtieth. Each owner seemed desirous of owning tbe entire tract or of selling his interest therein. Negotiations were conducted with Dover, who was a resident of Pennsylvania, by B. B. Nicholson, through W. B. Rodman, who was Dover’s agent and attorney. The negotiations are embodied in twenty-two letters passing between Dover and Rodman and B. B. Nicholson, all of which are set out in the record, and which it is unnecessary to do more than refer to. These letters comprise the…
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