Hardy Bros. v. Galloway
Supreme Court of North Carolina
This was a civil ACTION, tried before Connor, J., at the December (special) Term, 1891, of the Superior Court of Pitt County. The parties waived trial by jury and consented for the Court to find the facts and declare the law arising thereupon.
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This was a civil ACTION, tried before Connor, J., at the December (special) Term, 1891, of the Superior Court of Pitt County. The parties waived trial by jury and consented for the Court to find the facts and declare the law arising thereupon. The Court found the following facts : 1. That the defendant J. T. Evans, on the 13th day of June, 1887, executed and delivered to the plaintiff his bond under seal, whereby he obliged himself to pay to the plaintiff on the 1st day of February, 1888, the sum of three hundred and twenty-five dollars, with interest at 8 per cent, from the said 13th day of…
1Opinion of the Court
Shepherd, J.:
Considered either as a conditional sale or a contract to reconvey, his Honor was entirely correct in holding as void for uncertainty the provision in the deed respecting the right of the grantor to repurchase the land when sold. No time is fixed for performance, nor is there any stipulation whatever as to the price to be paid.
The provision, not being a limitation, can therefore only-take effect, if at all, as a condition subsequent, and viewed in this light we cannot hesitate in deciding that the restriction upon alienation attempted to be imposed after the grant of the fee, is…
2Cases cited5 opinions
- Mandlebaum v. McDonellMichigan Supreme Court · 1874
- Taylor v. MasonSupreme Court of the United States · 1824
- Euliss v. . McAdamsSupreme Court of North Carolina · 1891
- Henley v. . WilsonSupreme Court of North Carolina · 1879
- Smith v. ClarkCourt of Appeals of Maryland · 1856
3Cited by29 opinions
- Crockett v. First Federal Savings & Loan Ass'n of CharlotteSupreme Court of North Carolina · 1976
- Apartment Ass'n of L.A. Cty. Inc. v. City of Los AngelesCalifornia Supreme Court · 2001
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Latimer v. . WaddellSupreme Court of North Carolina · 1896
- Smith v. MitchellSupreme Court of North Carolina · 1980
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