Sutton v. Davis
Supreme Court of North Carolina
AotioN of E. M. Sutton against D. S. Davis, beard by Judge Fred Moore and a jury, at tbe February Term, 1906, of tbe Superior Court of Union.
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AotioN of E. M. Sutton against D. S. Davis, beard by Judge Fred Moore and a jury, at tbe February Term, 1906, of tbe Superior Court of Union. Plaintiff claimed and testified that in June, 1904, be sold to defendant a bouse and lot in Waxbaw, N. C., for $500, and defendant executed and delivered to plaintiff bis sealed note for tbe purchase-price, as follows: 1 $500. Waxhaw, N. 0., 27 July, 1904. On or before 1 January, 1905, I promise to pay to tbe order of E. M. Sutton tbe sum of five hundred dollars, witb interest' at 6 per cent, from date. Tbis note given for pur-cbase-money for town lot…
1Opinion of the Court
ILoke, J.,
after stating the case: The house, a substantial part of the subject-matter, having been destroyed by fire during the continuance of the contract, the plaintiff seeks to recover the full contract price; and the defendant, maintaining his right to a conveyance of the lot, seeks to establish a credit on his title to the extent of the loss.
It may be well to note that defendant here is not asking to be relieved of all contract obligation concerning the property, as in the case of Wells v. Calnan, 107 Mass., 514, cited and relied on by defendant. But, on the facts established, he asks…
2Cases cited5 opinions
- Wells v. CalnanMassachusetts Supreme Judicial Court · 1871
- Brewer v. HerbertCourt of Appeals of Maryland · 1869
- Phinizy v. GuernseySupreme Court of Georgia · 1900
- Lombard v. Chicago Sinai CongregationIllinois Supreme Court · 1872
- Wetzler v. DuffyWisconsin Supreme Court · 1890
3Cited by7 opinions
- In re Sale of Sermon's LandSupreme Court of North Carolina · 1921
- In Re Sermon's LandSupreme Court of North Carolina · 1921
- Whitlock v. Auburn Lumber Co.Supreme Court of North Carolina · 1907
- Farmers Tobacco Warehouse Co. v. Eastern Carolina Warehouse Corp.Supreme Court of North Carolina · 1923
- Whitlock v. . Lumber Co.Supreme Court of North Carolina · 1907
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