Adams v. . Beasley
Supreme Court of North Carolina
Civil actioN tried before Stacy, J., at tbe February Term, 1917, of HaRNETT. This is an action to recover $350 and for damages.
Read the full summary
Civil actioN tried before Stacy, J., at tbe February Term, 1917, of HaRNETT. This is an action to recover $350 and for damages. The plaintiffs allege in their complaint that the defendant entered into a contract to convey to them certain real estate at a special price, and allege, further, the payment of $350 on the purchase price, and also that thereafter the defendant conveyed the land in question to a third party, thereby making it impossible for the defendant to comply with his contract. The defendant admits the execution of the contract to convey- the land, the receipt by him of the $350…
1Opinion of the CourtAllen, J.
The burden was on the plaintiff to prove the allegations of his complaint not admitted by the answer and on the defendant to establish his defense and his counter-claim, but neither party was required to offer evidence of facts admitted in the pleadings. It follows, therefore, as the matters alleged by the defendant as a defense and counter-claim were denied by tbe reply, that the defendant was not entitled to recover upon his counter-claim or to diminish the amount of the recovery by the plaintiff without furnishing evidence in support of his allegation; and as the plaintiffs introduced no…
2Cases cited3 opinions
- Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
- Parker v. . BledsoeSupreme Court of North Carolina · 1882
- Curran v. . KerchnerSupreme Court of North Carolina · 1895
3Cited by5 opinions
- Wells v. ClaytonSupreme Court of North Carolina · 1952
- Aiken v. AndrewsSupreme Court of North Carolina · 1951
- Turner v. EllisCourt of Appeals of North Carolina · 2006
- Little v. . RhyneSupreme Court of North Carolina · 1937
- Singer Sewing Machine Co. v. BurgerSupreme Court of North Carolina · 1921