Bryan v. . Canady
Supreme Court of North Carolina
Appeal by defendants from Connor, J., at tbe July Term, 1915, of ONSLOW. Tbe action was brought for tbe specific performance of an “option” by whicb defendants agreed for a valuable consideration, to convey five tracts of land to tbe plaintiff.
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Appeal by defendants from Connor, J., at tbe July Term, 1915, of ONSLOW. Tbe action was brought for tbe specific performance of an “option” by whicb defendants agreed for a valuable consideration, to convey five tracts of land to tbe plaintiff. An attorney was retained to draw tbe deed, and by an inadvertence not attributable to bim, but to tbe mutual mistake of tbe parties themselves, as alleged, one of tbe tracts, viz., tbe fifth tract described in tbe contract, was omitted from tbe deed. When this was discovered by tbe plaintiff, before tbe expiration of tbe time fixed by tbe option to…
1Opinion of the Court
'Walker, J.,
after stating tbe case: Tbe defendants contended that, by their answer, they bad raised an issue as to whether tbe fifth tract of land bad been omitted from tbe description in tbe deed by tbe mutual mistake of tbe parties, and also as to whether that tract was included by tbe description of tbe lands in tbe option. It was not described separately by its name, but was a part of tbe lands answering to the general description in tbe deed. So that tbe issue raised by tbe answer was waived or rendered immaterial by tbe subsequent admission, in open court, that defendants executed tbe…
2Cases cited11 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Voorhees v. Porter.Supreme Court of North Carolina · 1904
- Baber v. HanieSupreme Court of North Carolina · 1913
- Harris v. . SneedenSupreme Court of North Carolina · 1889
- Williams v. Carolina & Western RailroadSupreme Court of North Carolina · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Baber v. . HanieSupreme Court of North Carolina · 1913
- Griggs v. . York-Shipley, Inc.Supreme Court of North Carolina · 1948
- Smith v. Charlotte Electric RailroadSupreme Court of North Carolina · 1917
- Cedar Works v. . Lumber Co.Supreme Court of North Carolina · 1913
- Staton v. . WebbSupreme Court of North Carolina · 1904
4 more not listed; retrieve them via the Exa API.