Hall v. Misenheimer.
Supreme Court of North Carolina
ActioN by J. A. Hall, against M. J. Misenheimer, heard by Judge M. U. Justice, at May Term, 1904, of the Superior Court of [Rowan County. This is an action by the vendor against the vendee for the specific performance of a contract to convey land or, stating it in another way, to recover the price agreed to be paid for the land.
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ActioN by J. A. Hall, against M. J. Misenheimer, heard by Judge M. U. Justice, at May Term, 1904, of the Superior Court of [Rowan County. This is an action by the vendor against the vendee for the specific performance of a contract to convey land or, stating it in another way, to recover the price agreed to be paid for the land. The plaintiff testified that he agreed to sell the land to the defendant for $1,200 and the defendant, on the other hand, agreed to buy it at that price. That afterwards defendant presented to him a paper and said, “The price is very high but I will take the land;…
1Opinion of the Court
Walker, J.,
after stating the case. The argument in this Court proceeded mainly upon the question whether there had been a sufficient signing of the receipt, under the statute of frauds, to bind the defendant. Upon this point our opinion is with the plaintiff. It has been held in England, whose statute (29 Charles II.)' has been substantially copied by us, that if the name of the party to be charged appears in the memorandum, so as to be applicable to the whole substance of the writing, and was written by the said party, or by his authorized agent, it is immaterial where in the instrument the…
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