Lipe v. Citizens Bank & Trust Co.

Plaintiffs appeal. This hind of action has been recently discussed by this Court in Hager v. Whitener, 204 N. C., 747, and Grantham v. Grantham, 205 N. C., 363. It is unnecessary to repeat, but refer to those cases. On the question of damage in the Eager case following Redmon v. Roberts, 198 N. C., 161, we affirmed the charge of the learned judge who tried the case below that “the measure of damages for the breach of contract to devise is the value of the property agreed to be devised.” It is said in the Grantham case, supra, it is evidence on the question, which is technically and strictly…