Burriss v. . Starr
Supreme Court of North Carolina
Appeal by defendant from Olina, J., at November Term, 1913, of Catawba. This action was brought by plaintiff for tbe specific performance of a contract, wbicb be says was made by tbe defendant, to convey to bim for $600 a tract of land known as tbe dower of Mrs. Starr.
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Appeal by defendant from Olina, J., at November Term, 1913, of Catawba. This action was brought by plaintiff for tbe specific performance of a contract, wbicb be says was made by tbe defendant, to convey to bim for $600 a tract of land known as tbe dower of Mrs. Starr. Tbe only written evidence of tbe contract offered by tbe plaintiff was parol proof of tbe contents of a note, wbicb bad been lost,’ given in 1909 by bim to tbe defendant for tbe land, and payable in annual installments, witb interest from 1 January, 1910. Tbe note was prepared by tbe defendant at bis borne and sent to tbe…
1Opinion of the Court
This action was brought by plaintiff for the specific performance of a contract, which he says was made by the defendant, to convey to him for $600 a tract of land known as the dower of Mrs. Starr. The only written evidence of the contract offered by the plaintiff was parol proof of the contents of a note, which had been lost, given in 1909 by him to the defendant for the land, and payable in annual installments, with interest from 1 January, 1910. The note was prepared by the defendant at his home and sent to the plaintiff, who signed it and returned it to defendant. Plaintiff testified that…
2Cases cited4 opinions
- Hall v. Misenheimer.Supreme Court of North Carolina · 1904
- Devereux v. . McMahonSupreme Court of North Carolina · 1891
- Neaves v. North State Mining Co.Supreme Court of North Carolina · 1884
- Cherry v. . LongSupreme Court of North Carolina · 1868
3Cited by24 opinions
- Lewis v. . MurraySupreme Court of North Carolina · 1919
- Warner v. W & O, INCORPORATEDSupreme Court of North Carolina · 1964
- McCraw v. LlewellynSupreme Court of North Carolina · 1962
- Smith v. . JoyceSupreme Court of North Carolina · 1939
- State v. . AbernethySupreme Court of North Carolina · 1925
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