Ramsay v. . Gheen
Supreme Court of North Carolina
Contract — Specific Performance. Civil ACTION, tried before Clark, J., at November Term, 1887, of Rowan Superior Court. It appeared that George H. Gheen died testate in the county of Rowan on the-21st day of January, 1887, and thereafter'the defendants duly qualified as the executors of his will, which latter was duly proven.
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Contract — Specific Performance. Civil ACTION, tried before Clark, J., at November Term, 1887, of Rowan Superior Court. It appeared that George H. Gheen died testate in the county of Rowan on the-21st day of January, 1887, and thereafter'the defendants duly qualified as the executors of his will, which latter was duly proven. The testator, executed to the husband plaintiff his bond for the sum of $1,500, and the following is a copy of the condition thereunder written: “ The condition of the above obligation is such, that if the said Wilson A. Ramsay enters into an obligation as agreed upon,…
1Opinion of the Court
Merrimon, J.,
(after stating the case). The purpose of this action is to compel specific performance of an alleged contract appearing and suggested by the condition set forth above of the bond mentioned'in that connection.
We need not stop to consider whether or not any execu-tory contract was consumated so as to become operative as contemplated u by the terms and purpose of the condition, and whether the defendants might under possible circumstances be compelled to perform it specifically, because conceding that there was such contract, we are clearly of opinion that it is not such a one as…
2Cases cited2 opinions
- Herren v. . RichSupreme Court of North Carolina · 1886
- Love v. . WelchSupreme Court of North Carolina · 1887
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