Albea v. Griffin
Supreme Court of North Carolina
This was a bill for the specific execution of a contract for the sale of a tract of land containing fifty acres. The defence was the act of 1819 avoiding parol contracts for the sale of land and slaves.
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This was a bill for the specific execution of a contract for the sale of a tract of land containing fifty acres. The defence was the act of 1819 avoiding parol contracts for the sale of land and slaves. Upon the hearing the case was, that the ancestor of the defendants contracted to convey the land to the plaintiff, for fifty dollars, to betaken up in goods at the store of the plaintiff — that the goods were in part delivered — that the land was surveyed, and the plaintiff put in possession of it by the vendor — that he, the plaintiff, built a house upon it, and that the vendor gave him the…
1Opinion of the Court
Gaston, Judge,
after stating the facts as above, proceed*10ed: — It is objected on the part of the defendants that by our act of 1819 all parol contracts to convey land are void, and 110 Part performance can, in this State, take a parol contract out of the operation of that statute. We admit this objection to be well founded, and we hold as a consequence from it that the contract being void, not only its specific performance cannot be enforced, but that no action will lie in law or equity for damages because of non-performance. But we are nevertheless of opinion that the plaintiff has an equity…
2Cited by32 opinions
- Eaton v. . DoubSupreme Court of North Carolina · 1925
- Grantham v. . GranthamSupreme Court of North Carolina · 1933
- Wood v. Tinsley.Supreme Court of North Carolina · 1905
- Luton v. Badham.Supreme Court of North Carolina · 1900
- Perry v. Martha A.Supreme Court of North Carolina · 1921
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