Michael v. . Foil
Supreme Court of North Carolina
Civil actioN, tried before Connor, J., at January Term, 1888, of tlie Superior Court of Cabarrus County. Defendant appealed. 1. The plaintiff alleged that in 1881 he conveyed, by deed in fee, to the defendant a tract of land mentioned in the complaint, for the sum of $5,000. 2. That at the time of the execution of the deed, and before, it was contracted and agreed that the plaintiff would take $5,000 for the land, provided the defendant would pay to him one half of the…
Read the full summary
Civil actioN, tried before Connor, J., at January Term, 1888, of tlie Superior Court of Cabarrus County. Defendant appealed. 1. The plaintiff alleged that in 1881 he conveyed, by deed in fee, to the defendant a tract of land mentioned in the complaint, for the sum of $5,000. 2. That at the time of the execution of the deed, and before, it was contracted and agreed that the plaintiff would take $5,000 for the land, provided the defendant would pay to him one half of the proceeds for which the mineral interests of said land should be sold, if the defendant, during his life-time, should sell…
1Opinion of the Court
Davis, J.,
(after stating the facts). 1. The -first exception was to the admissibility of the testimony of Michael, to prove the agreement in parol, in regard to the proceeds off the sale of the mineral interest in the land.
The contract for the sale of the land was in writing — the-land itself was sold — but the agreement, that if the mineral interest in the land should be sold during the life-time of' the plaintiff, he should have one half of it, was not put in writing. If the contract of sale was made subject to this-agreement, as an inducement to the contract, the agreement,though in parol,…
2Cases cited5 opinions
- Sherrill v. . HaganSupreme Court of North Carolina · 1885
- State v. . BoonSupreme Court of North Carolina · 1880
- Wilson v. . WhiteSupreme Court of North Carolina · 1879
- Clements v. . RogersSupreme Court of North Carolina · 1886
- Rencher v. . WynneSupreme Court of North Carolina · 1882
3Cited by59 opinions
- Dobias v. WhiteSupreme Court of North Carolina · 1954
- State v. Van LandinghamSupreme Court of North Carolina · 1973
- Ruiz v. DowCalifornia Supreme Court · 1896
- Gruber v. BakerNevada Supreme Court · 1890
- Hughes v. . BooneSupreme Court of North Carolina · 1889
54 more not listed; retrieve them via the Exa API.