Manning v. . Jones
Supreme Court of North Carolina
■ This was an action of assumpsit, tried before Saunders, Judge, at Spring Term, 1863, of the Superior Court for Gates county. The pleas were — general issue — release—accord and satisfaction — stat. of limitations and stat. of frauds. Upon the •question reserved, which is sufficiently stated in the opinion delivered by this Court, his Honor being of opinion with the defendant, the plaintiff submitted to a nonsuit, and appealed to the Su--preme Court.
1Opinion of the CourtNash, C. J.
We think'there is error in the judgment of the Court below. In the month of August, 1850, Augustus Jones, now dead, and the plaintiff enterecbinto a parol agreement for the sale by Jones to the plaintiff, of a tract of land at a stipulated price. It was at the same time further agreed, that Jones should repair the plantation and houses which was to be done before the 1st of January, 1851, at which time the plaintiff was to be admitted into possession. The deed was executed and delivered in the same month of August, and at the time of its delivery, to a question put by the plaintiff, Jones…
2Cited by18 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Hite v. . AydlettSupreme Court of North Carolina · 1926
- Buie v. KennedySupreme Court of North Carolina · 1913
- Kindler v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1933
- Brown v. . HobbsSupreme Court of North Carolina · 1908
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