Coble v. . Barringer
Supreme Court of North Carolina
Appeal by plaintiff from Cline, J., at January Term, 1916, of Guileord. Tbe action was brought to recover damages for an alleged fraud in tbe preparation and execution of a deed for land, and on account of failure of tbe title agreed to be conveyed and warranted.
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Appeal by plaintiff from Cline, J., at January Term, 1916, of Guileord. Tbe action was brought to recover damages for an alleged fraud in tbe preparation and execution of a deed for land, and on account of failure of tbe title agreed to be conveyed and warranted. On 28 February, 1913, defendants conveyed to plaintiff “all tbeir right, title, and interest in and to two tracts or parcels of land” wbicb are described in tbe complaint, with tbe following habendum and covenant of warranty: “To have and to bold tbe aforesaid tract or parcel of land and all appurtenances thereunto belonging to him,…
1Opinion of the Court
Walker, J.,
after stating the case: First. We hear and determine a case here according to the theory upon which it was tried in the court below. Allen v. R. R., 119 N. C., 710; Hendon v. R. R., 127 N. C., 110; S. v. McWhirter, 141 N. C., 809; Warren v. Susman, 168 N. C., 457. In Allen v. R. R., supra, it was said by the Court that “While we are not bound by an erroneous admission of a proposition of law, we must have respect to the manner in which parties present and try their cases.”
It is manifest, we think, that the plaintiff elected to base his right to a recovery and to stake his fortune…
2Cases cited17 opinions
- Triplett v. . WilliamsSupreme Court of North Carolina · 1908
- Hanrick v. PatrickSupreme Court of the United States · 1886
- Gudger v. White.Supreme Court of North Carolina · 1906
- Mills v. CatlinSupreme Court of Vermont · 1849
- Brown v. JacksonSupreme Court of the United States · 1818
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Shipp Ex Rel. Shipp v. United Stage Lines, Inc.Supreme Court of North Carolina · 1926
- Kannan v. . AssadSupreme Court of North Carolina · 1921
- Leggett v. Southeastern People's College, Inc.Supreme Court of North Carolina · 1951
- Cook v. . SinkSupreme Court of North Carolina · 1925
- Ingram v. Yadkin River Power Co.Supreme Court of North Carolina · 1921
14 more not listed; retrieve them via the Exa API.