Neaves v. North State Mining Co.
Supreme Court of North Carolina
Civil Action tried at Fall Term, 188-3, of Ashe Superior Court, before Graves, J. On the first day of October, 1881, the plaintiff in person and the defendant corporation, through one. R. M. Fames, its duly authorized agent, entered into an agreement for the sale by the former of certain mineral interests in land'owned by him to the latter for five hundred dollars, the title to be made and the purchase money to be paid at once in consummation of their respective contracts.
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Civil Action tried at Fall Term, 188-3, of Ashe Superior Court, before Graves, J. On the first day of October, 1881, the plaintiff in person and the defendant corporation, through one. R. M. Fames, its duly authorized agent, entered into an agreement for the sale by the former of certain mineral interests in land'owned by him to the latter for five hundred dollars, the title to be made and the purchase money to be paid at once in consummation of their respective contracts. Instead of a payment in money, the said agent delivered to the plaintiff five several drafts, each in the sum of one…
1Opinion of the Court
Smith, C. J.,
after stating the above. The appellant relies upon the statute of frauds as a defence to the action, and the only question is, whether the drafts, as containing written evidence of the defendant’s contract, are a sufficient compliance with its requirements.
The statute in this state not differing in this particular from the English act of 29 Char. II, declares that contracts of the kind specified “ shall be void and of no effect, unless such contract or some memorandum or note thereof shall be put in writing, and signed by the party to be charged therewith, or by some other person…
2Cases cited4 opinions
- Dykers v. . TownsendNew York Court of Appeals · 1861
- Green v. North Carolina RailroadSupreme Court of North Carolina · 1877
- Johnson v. DodgeIllinois Supreme Court · 1856
- Curtis v. BlairMississippi Supreme Court · 1853
3Cited by11 opinions
- Hall v. Misenheimer.Supreme Court of North Carolina · 1904
- Burriss v. . StarrSupreme Court of North Carolina · 1914
- Hargrove v. . AdcockSupreme Court of North Carolina · 1892
- Reichler v. TillmanCourt of Appeals of North Carolina · 1974
- Lewis v. AllredSupreme Court of North Carolina · 1959
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