Legal Opinion

Davis v. . Ely

Supreme Court of North Carolina

Decided February 5, 1888PublishedCited by 11 opinions

Civil ACTION, tried before Graves, J., and a jury, at Fail Term, 1887, of Camden Superior Court. Plaintiff, upon an intimation of opinion by the Court, submitted to a nonsuit, and appealed. • The facts appear in the opinion.

1Opinion of the CourtSmith, C. J.

This action is instituted to reform and enforce the specific performance of a contract, the terms of which are alleged to have been arranged and agreed on between the defendants, and the father of the plaintiff acting on his behalf verbally, and which contract, by means of the false and fraudulent representations made by the defendant Terry, acting for his associates, as to the provisions of the oral agreement, was put in its present form, as shown in the accompanying exhibit. The variation, it is asserted, consists in substituting for the Hall tract of land, containing 3,000 acres, which the…

2Cases cited5 opinions

  1. State Ex Rel. Crawley v. WoodfinSupreme Court of North Carolina · 1878
  2. Hines v. . HinesSupreme Court of North Carolina · 1881
  3. Commissioners of Beaufort v. SatchwellSupreme Court of North Carolina · 1883
  4. Kirby v. . MillsSupreme Court of North Carolina · 1878
  5. Jones v. . CallSupreme Court of North Carolina · 1883

3Cited by11 opinions

  1. Penn-Allen Cement Co. v. PhillipsSupreme Court of North Carolina · 1921
  2. Hayes v. RailroadSupreme Court of North Carolina · 1905
  3. Allen v. Atlanta & Charlotte Air Line Ry. Co.Supreme Court of South Carolina · 1950
  4. Midgett v. Manufacturing Co.Supreme Court of North Carolina · 1906
  5. Hoss v. . PalmerSupreme Court of North Carolina · 1908

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