Johnson v. . Hauser
Supreme Court of North Carolina
Proceeding under the Landlord and Tenant act, commenced before a justice of the peace and heard on appeal at Spring Term, 1879, of Yadkin Superior Court, before Schench, J. The following facts appear from the case agreed : 1. The defendant entered the premises in controversy under a parol contract of purchase with one R. C. Poindex-ter in 1872. 2. The defendant paid a portion of the purchase money to the said Poindexter, and the balance not being paid, according to contract,…
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Proceeding under the Landlord and Tenant act, commenced before a justice of the peace and heard on appeal at Spring Term, 1879, of Yadkin Superior Court, before Schench, J. The following facts appear from the case agreed : 1. The defendant entered the premises in controversy under a parol contract of purchase with one R. C. Poindex-ter in 1872. 2. The defendant paid a portion of the purchase money to the said Poindexter, and the balance not being paid, according to contract, the said Poindexter conveyed the land to Jenkins & Hauser under the following parol contract with Lawson Hauser,…
1Opinion of the CourtAshe, J.
The construction given to the landlord and tenant act by several decisions of this court is, that it applies only to the relation of lessor and lessee, when the latter holds over after the expiration of his term and when there is no other relation to complicate the question. But where one enters upon land under a contract of purchase, he cannot be evicted therefrom by a summary proceeding under the act. Greer v. Wilbar, 72 N. C., 592; Riley v. Jordan, 75 N. C., 180; McCombs v. Wallace, 66 N. C., 481.
In this last case, the court held thatthe construction given by this court to the act,…
2Cases cited3 opinions
- Wm. McCombs v. . Albert WallaceSupreme Court of North Carolina · 1872
- Riley v. . JordanSupreme Court of North Carolina · 1876
- Greer v. . WilbarSupreme Court of North Carolina · 1875