Todd v. . MacKie
Supreme Court of North Carolina
Appeal by plaintiff from Daniels, J., at Fall Term, 1911, of YADKIN. Tbis action was brought to recover damages for breach of a contract to sell land. A cause of action for specific performance was alleged, but afterwards abandoned.
Read the full summary
Appeal by plaintiff from Daniels, J., at Fall Term, 1911, of YADKIN. Tbis action was brought to recover damages for breach of a contract to sell land. A cause of action for specific performance was alleged, but afterwards abandoned. The jury returned the following verdict: 1. Did the defendant contract in writing to convey to the plaintiff the lands described in the complaint, as alleged in the complaint? Answer: No. 2. Was the plaintiff ready, willing, and able to comply with his part of the contract ? 3. Did the defendant, in violation of his contract with the plaintiff, convey the said…
1Opinion
This is an application for a writ of certiorari to supply certain omissions alleged to have occurred in the case on appeal. The plaintiff applied for a writ at the last term of this court, but the writ was denied without prejudice, the Court allowing the plaintiff to (358) renew his motion after he had applied to the particulars set out in his petition for the writ, or some of them. Plaintiff made his motion to the judge, who, in the presence of the counsel of the parties, heard the matter and, by consent, took the papers to his home for the purpose of preparing his statement, which was filed…
2Cases cited3 opinions
- Boing v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1883
- Wheeler v. . ColeSupreme Court of North Carolina · 1913
- Norman v. . SnowSupreme Court of North Carolina · 1886