Brown v. . Hobbs
Supreme Court of North Carolina
Oivil ACTION, tried before Biggs, J., and a jury, at August Term, 1907, of the Superior Court of Duplin County. The plaintiffs, Brown and wife, on 28 July, 1905, agreed in writing to sell and convey to the defendant a tract of land for $1,500, and at the same time, and for the purpose of inducing the plaintiffs to make the agreement, the defendant promised and agreed on his part, by parol, that he would pay to the plaintiffs, when he sold the land, one-half of the amount he…
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Oivil ACTION, tried before Biggs, J., and a jury, at August Term, 1907, of the Superior Court of Duplin County. The plaintiffs, Brown and wife, on 28 July, 1905, agreed in writing to sell and convey to the defendant a tract of land for $1,500, and at the same time, and for the purpose of inducing the plaintiffs to make the agreement, the defendant promised and agreed on his part, by parol, that he would pay to the plaintiffs, when he sold the land, one-half of the amount he received therefor in excess of the sum of $1,500, which was the consideration stated in the contract. On 31 August,…
1Opinion of the Court
AAUliceR, J.,
after stating the case: It is contended by the defendant’s counsel that the parol agreement, which Avas permitted to be proven, Availed and contradicted the written con-, tract between the parties, and that it is also within the statute of frauds, declaring void contracts for the sale of land. AVe do not think that either position is tenable. Indeed, both questions have been conclusively determined the other Avay by our decisions, as will clearly appear by reference to a ígav of them.
In Michael v. Foil, 100 N. C., 178, it appeared that, at the time of the delivery of a deed for…
2Cases cited14 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Michael v. . FoilSupreme Court of North Carolina · 1888
- Typewriter Co. v. . Hardware Co.Supreme Court of North Carolina · 1906
- Cumming v. . BarberSupreme Court of North Carolina · 1888
- Hess v. FoxNew York Supreme Court · 1833
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3Cited by18 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Stonecypher v. Georgia Power Co.Supreme Court of Georgia · 1936
- Walters v. . WaltersSupreme Court of North Carolina · 1916
- Indiana Truck Corp. v. GlockCourt of Appeals of Georgia · 1933
- Buie v. KennedySupreme Court of North Carolina · 1913
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