Modlin v. Roanoke Railroad & Navigation Co.
Supreme Court of North Carolina
Civil aotioN to recover damages for fraud and deceit, tried before Biggs, J., and a jury, at March Term, 1907, of the Superior Court of MautiN County.
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Civil aotioN to recover damages for fraud and deceit, tried before Biggs, J., and a jury, at March Term, 1907, of the Superior Court of MautiN County. There was evidence tending to show that, on 15 November, 1899, plaintiff contracted to sell to defendant company that portion of the pine, cypress and'poplar timber on a tract of land belonging to plaintiff and known as the Harmon-Modlin land, which was situated on the south side of Cooper Swamp, “as far back as the muck and mire” comes, for the sum of $60; that plaintiff was an ignorant man, being unable to read or write, and that, on 18…
1DissentConnor, J.
There was evidence tending to show that, on 15 November, 1899, plaintiff contracted to sell to defendant company that portion of the pine, cypress, and poplar timber on a tract of land belonging to plaintiff and known as the Harmon-Modlin land, which was situated on the south side of Cooper Swamp, "as far back as the muck and mire comes," for the sum of $60; that plaintiff was an ignorant man, being unable to read or write, and that, on 18 November following, the defendant company, by false and fraudulent representations as to its contents, and making plaintiff believe that it was in…
2Cases cited11 opinions
- Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
- May v. . LoomisSupreme Court of North Carolina · 1905
- Griffin v. Lumber Co.Supreme Court of North Carolina · 1906
- Peacock v. Barnes.Supreme Court of North Carolina · 1906
- Jones v. Casualty Co.Supreme Court of North Carolina · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Vail v. VailSupreme Court of North Carolina · 1951
- Whitehurst v. . Insurance Co.Supreme Court of North Carolina · 1908
- Holt v. HoltSupreme Court of North Carolina · 1950
- Planters Bank & Trust Co. v. YelvertonSupreme Court of North Carolina · 1923
- Bank v. . YelvertonSupreme Court of North Carolina · 1923
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