Love v. . Cobb .
Supreme Court of North Carolina
Bill in equity, set for bearing upon the pleadings and proofs,, and transferred from the Eall Term 1808, of the Superior Court of Cleaveland.
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Bill in equity, set for bearing upon the pleadings and proofs,, and transferred from the Eall Term 1808, of the Superior Court of Cleaveland. The plaintiff alleged that in March 1865, he had agreed with the defendant Cobb to exchange with him certain lots in the town of Shelby, the plaintiff agreeing to pay for the difference in value, on the 1st of May ensuing, six thousand dollars in Confederate money; that the evidence of the agreement for an-exchange, was a bond signed by himself and Cobb, specifying' the lots. These were all set forth. He also alleged that on the 1st of May, as agreed…
1Opinion of the CourtReads, J.
I. The plaintiff cannot have a specific performance by defendant Cobb, for the reasons, (1) that Cobb had not tbe legal title at tbe time of tbe contract, nor has be it now,, nor can be get it, because tbe defendant Homesly has it, and refuses to make it to Cobb. And tbe fact that Cobb bad neither tbe title nor tbe possession, was known to tbe plaintiff,, and be made tbe contract in full view of tbe fact, and, of course, he knew that be was taking tbe chances of Cobb’s being able to get the title from Homesly. It is all tbe same, so far as this case is concerned, as if Cobb bad said, in so.…
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