Legal Opinion

Chatham v. Mecklenburg Realty Co.

Supreme Court of North Carolina

Decided December 5, 1917PublishedCited by 13 opinions

Appeal by defendant from Oline, J., at the February Term, 1917, of MECKLENBURG. In May, 1910, tbe defendant owned 156 8-10 acres of land about 3% miles east of Charlotte, which it had bought for $16,131, and proposed to dispose of the same for suburban home lots. W. S. Lee was president of defendant Realty Company and A. J. Draper and W. H. Hood were directors, and these, with other associates, organized the Mecklenburg-Country Club adjoining the defendant’s land.

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Appeal by defendant from Oline, J., at the February Term, 1917, of MECKLENBURG. In May, 1910, tbe defendant owned 156 8-10 acres of land about 3% miles east of Charlotte, which it had bought for $16,131, and proposed to dispose of the same for suburban home lots. W. S. Lee was president of defendant Realty Company and A. J. Draper and W. H. Hood were directors, and these, with other associates, organized the Mecklenburg-Country Club adjoining the defendant’s land. In June, 1910, Paul Chatham had an application before the aldermen-of Charlotte for a street railroad franchise, the nearest…

1Opinion of the Court

DEFENDANT’S APPEAL.

Clark, C. J.

The court properly instructed the jury that if the words “Mecklenburg Country Club” were stricken out by one of the signers of the paper with the knowledge and consent of the other parties before the delivery to the plaintiff that the paper delivered, signed by the president and two directors of the defendant company, was the sole and exclusive obligation of the defendant; that it was a complete contract in itself, and not a preliminary agreement, and was a valid obligation between the parties. There was evidence that upon the failure of the storage-battery…

2Cases cited5 opinions

  1. Duke v. . MarkhamSupreme Court of North Carolina · 1890
  2. Bond v. Pickett Cotton Mills, Inc.Supreme Court of North Carolina · 1914
  3. Lumber Co. v. RailroadSupreme Court of North Carolina · 1906
  4. Harper v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1913
  5. Barlow and Barlow. Ex'rs v. . Norfleet, Adm'r.Supreme Court of North Carolina · 1875

3Cited by13 opinions

  1. Croom v. . Lumber Co.Supreme Court of North Carolina · 1921
  2. Croom v. Goldsboro Lumber Co.Supreme Court of North Carolina · 1921
  3. Perry v. Martha A.Supreme Court of North Carolina · 1921
  4. Bell v. DanzerSupreme Court of North Carolina · 1924
  5. Raleigh Banking & Trust Co. v. Safety Transit Lines, Inc.Supreme Court of North Carolina · 1930

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