Stanton v. . Hughes
Supreme Court of North Carolina
This was a civil actioN, tried before Clark, Judge, at February Term, 1886, of Guilford Superior Court. The parties to the action on September 1, 1882, entered into a covenant whereby the plaintiff agreed to sell and deliver to the defendants, at the railway station in Greensboro, certain grist and flouring mills then in operation at La Grange, in Lenoir county, with all the fixtures and appurtenances and the material of the building wherein they then were, for the price of…
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This was a civil actioN, tried before Clark, Judge, at February Term, 1886, of Guilford Superior Court. The parties to the action on September 1, 1882, entered into a covenant whereby the plaintiff agreed to sell and deliver to the defendants, at the railway station in Greensboro, certain grist and flouring mills then in operation at La Grange, in Lenoir county, with all the fixtures and appurtenances and the material of the building wherein they then were, for the price of $3,050. The defendant covenanted to pay for the same the said sum as follows: the sum of $200 in cash, of which the…
1Opinion of the Court
Smith, 0. J.,
(after stating the facts). When the trial was entered upon, the defendants moved for judgment rescinding the contract of sale, for that their answer demanding this was a counter-claim, the facts alleged in which not being controverted, were to be taken as true. The Court, not acceding to this view, denied the motion, and directed the trial to proceed, with the result shown in the verdict, the jury finding the false and fraudulent representations set out in the answer to have been made, and that by reason thereof the defendants were induced to make the purchase, but that no…
2Cited by1 opinion
- Buffkins v. . EasonSupreme Court of North Carolina · 1892