Patton v. . Sluder
Supreme Court of North Carolina
Appeal by defendant from Gline, J., at November Term, T914, of BuNcombe. Civil action heard on case agreed. The action was by vendor to enforce specific performance of a contract for sale of land, and the relevant facts are stated in the case agreed, as follows: ■ “The plaintiffs and defendant on 16 May, 1914, entered into a contract, whereby the plaintiffs agreed to sell and convey, in fee simple, free from all encumbrance, -and the defendant agreed to purchase at the price…
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Appeal by defendant from Gline, J., at November Term, T914, of BuNcombe. Civil action heard on case agreed. The action was by vendor to enforce specific performance of a contract for sale of land, and the relevant facts are stated in the case agreed, as follows: ■ “The plaintiffs and defendant on 16 May, 1914, entered into a contract, whereby the plaintiffs agreed to sell and convey, in fee simple, free from all encumbrance, -and the defendant agreed to purchase at the price of $2,915, to be paid in cash, all that certain tract or parcel of land situate, lying, and being in the county of…
1Opinion of the CourtHoKE, J.
The decisions in this State are in very general recognition of the principle that a deed conveying real estate or a contract concerning it, within the meaning of the statute of frauds, must contain a description of the land, the subject-matter of the contract, “either certain in itself or capable of being reduced to certainty by reference to something extrinsic to which the contract refers.” Massey v. Belisle, 24 N. C., 170.
In the application of this- principle there was, at times, some discrepancy in the' cases; considered, however, more apparent than real until the decisions of the Court in…
2Cases cited8 opinions
- Smith v. Proctor.Supreme Court of North Carolina · 1905
- Farmer v. . BattsSupreme Court of North Carolina · 1880
- Massey v. . BelisleSupreme Court of North Carolina · 1841
- Blow v. . VaughanSupreme Court of North Carolina · 1890
- McGlawhorn v. . WorthingtonSupreme Court of North Carolina · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- North Carolina Self Help Corp. v. BrinkleySupreme Court of North Carolina · 1939
- Ely v. . NormanSupreme Court of North Carolina · 1918
- Timber Co. v. . YarbroughSupreme Court of North Carolina · 1920
- Bissette v. . StricklandSupreme Court of North Carolina · 1926
- Peel v. . CalaisSupreme Court of North Carolina · 1944
6 more not listed; retrieve them via the Exa API.