Blacknall v. . Parish
Supreme Court of North Carolina
Cause removed from the Court of Equity of Orange county., This was a bill filed for the specific performance of a contract, by which the defendant bound himself to cpnvey to the plaintiff a tract of land, described by its metes and bounds, and lying in Orange county.
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Cause removed from the Court of Equity of Orange county., This was a bill filed for the specific performance of a contract, by which the defendant bound himself to cpnvey to the plaintiff a tract of land, described by its metes and bounds, and lying in Orange county. The allegations in the bill (which are sustained by the evidence filed) are, that the defendant, being about to remove from the county of Orange, where he lived, to the western part of the State, authorised one Harrison Parker to sell, for him, the land in question, and to enable him to do so, he prepared a deed, describing the…
1Opinion of the CourtBattle, J.
Upon examination of the testimony taken in this cause, we are entirely satisfied that the land, mentioned in the pleadings, was contracted to be sold to the plaintiff by an authorised agent of the defendant; that the authority, under which the agent acted, was by parol, and that the contract was entered into by the agent’s filling up certain blanks in an instrument, which the defendant had signed and sealed, and left with the agent to be, by him, made complete by filling up such blanks and delivering it as the deed of the defendant to the person who should become the purchaser. We are further…
2Cited by19 opinions
- Simpson v. GreenTexas Commission of Appeals · 1921
- Matzger v. Arcade Building & Realty Co.Washington Supreme Court · 1914
- Flowe v. . HartwickSupreme Court of North Carolina · 1914
- Day v. TownsendTexas Commission of Appeals · 1922
- Smith v. Browne.Supreme Court of North Carolina · 1903
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