McGee v. . Craven
Supreme Court of North Carolina
This was a civil action, tried at Fall Term, 1889, of Mecklenburg Superior Court, before Connor, j. The plaintiff brought this action to recover $300 due by note, less $68.25, balance of the purchase-money of a tract of land sold and conveyed by him to the defendant some time before the bringing of the action.
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This was a civil action, tried at Fall Term, 1889, of Mecklenburg Superior Court, before Connor, j. The plaintiff brought this action to recover $300 due by note, less $68.25, balance of the purchase-money of a tract of land sold and conveyed by him to the defendant some time before the bringing of the action. The defendant admitted the purchase of the land by him, the execution of the deed therefor, and the execution of the note, but he alleged as a defence “ that the plaintiff agreed to sell to the defendant a tract of land containing 111 acres for $900; that a deed was made and duly…
1Opinion of the Court
MerkimoN, C. J.:
The first exception is groundless, because the evidence proposed and rejected was irrelevant. The defendant’s alleged claim did not depend upon the value of the land. Nor was it pertinent and proper to prove that the land was worth more than the price the defendant paid, or agreed to pay, for it, with a view to prove that the plaintiff did not agree to make good any deficiency in the quantity of the land embraced by the deed. In this view, the evidence would only la}*- the foundation for a possible inference — an argument, a conjecture, adverse to the defendant — it would not…
2Cases cited4 opinions
- Michael v. . FoilSupreme Court of North Carolina · 1888
- Braswell v. . PopeSupreme Court of North Carolina · 1880
- Sherrill v. . HaganSupreme Court of North Carolina · 1885
- Parker v. . MorrillSupreme Court of North Carolina · 1887
3Cited by14 opinions
- Boone v. . BooneSupreme Court of North Carolina · 1940
- Kent v. HumphriesCourt of Appeals of North Carolina · 1981
- Hoots v. CalawaySupreme Court of North Carolina · 1973
- Brown v. . HobbsSupreme Court of North Carolina · 1908
- Stern v. BenbowSupreme Court of North Carolina · 1909
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