Welborn v. . Sechrist
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1882, of Guilford Superior Court, before Graves, J. The defendant, F. W. Sechrist, owning a tract of land containing about twenty-one acres, at a sale under execution against bis father, the defendant, Reuben F. Sechrist, made in September, 1879, and conveyed to him by the sheriff of Guilford in the month of August of the year following, entered into a written agreement in these words: “High Point, N. C., August 9th, 1889. Received of H. R.…
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Civil ActioN tried at Spring Term, 1882, of Guilford Superior Court, before Graves, J. The defendant, F. W. Sechrist, owning a tract of land containing about twenty-one acres, at a sale under execution against bis father, the defendant, Reuben F. Sechrist, made in September, 1879, and conveyed to him by the sheriff of Guilford in the month of August of the year following, entered into a written agreement in these words: “High Point, N. C., August 9th, 1889. Received of H. R. Welborn two dollars, to bind a trade between said Welborn and E. W. Sechrist. I bind myself to make said Welborn a deed…
1Opinion of the Court
Smith, C. J.,
after stating the facts. We are at a loss to understand upon what ground His Honor ruled that no relief could be obtained, and we infer from the course of argument on the appeal that it was in consequence of the variation by parol of the form and boundaries of the lot, as defined in the written contract. In this view we do not concur. If the vendor, waiving the statute of frauds, had consented to abide by the modified contract and carry it into execution, the plaintiff would be compelled to accept such performance, because the statute is only available to the party to be charged,…
2Cases cited3 opinions
- Green v. North Carolina RailroadSupreme Court of North Carolina · 1877
- Laverty v. . MooreNew York Court of Appeals · 1865
- Swepson v. . JohnstonSupreme Court of North Carolina · 1881
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