Pack v. . Gaither
Supreme Court of North Carolina
Case agreed, tried before OlouA, J., at Spring Term, 1875, Davie Superior Court. The following are the facts agreed : This is an action for the specific performance of a contract to convey real estate.
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Case agreed, tried before OlouA, J., at Spring Term, 1875, Davie Superior Court. The following are the facts agreed : This is an action for the specific performance of a contract to convey real estate. The following is the contract: North Carouina, 1 J J 4th.1863. Davie County. j J , Know all men by these presents, that I, T. H. Gaither, am held and firmly bound by these presents, doth bind myself, executors or administrators in the sum of ten thousand dollars to John Pack and others. The condition of the above obligation is such that, whereas the said T. H. Gaither hath this day bargained,…
1Opinion of the Court
Settc,b, J.
A specific performance of the contract cannot be decreed in this case, because it is not practicable.
It is true, the plaintiffs have complied with their part of the contract, but the defendant never had, either at the time of executing the said contract or since, a deed for the land, the conveyance of which is now sought to be enforced. He had bid it off .at a Clerk and Master’s sale, prior to the rebellion, and had given his note, with security, for the purchase money, but the sale (the defendant and his surety having both become insolvent.) was set aside, and a second sale was…
2Cited by1 opinion
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