Moore v. . Vallentine
Supreme Court of North Carolina
Civil Action tried at January Term, 1877, of Mecklen-burg Superior Court, before Schenck, J. This action wa& brought to recover a fund arising from the sale of a steam. engine and its appurtenances, which were sold by consent of the parties to prevent injury from exposure. The main question however presented by the pleadings and decided by this Court was, whether said engine, &o., was .■a fixture to the freehold.
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Civil Action tried at January Term, 1877, of Mecklen-burg Superior Court, before Schenck, J. This action wa& brought to recover a fund arising from the sale of a steam. engine and its appurtenances, which were sold by consent of the parties to prevent injury from exposure. The main question however presented by the pleadings and decided by this Court was, whether said engine, &o., was .■a fixture to the freehold. The facts found by His Honor are substantially as follows : In October, 1867, one Davis sold to the defendant, Yallentine, a tract of land in said County, contracting in •writing to…
1Opinion of the Court
PeáRSON, C. J.
If Vallentine had made a conditional contract of purchase as alleged in his answer, that is, if he-had annexed a condition, that if upon testing the mine the result was not satisfactory, he should have the right to-abandon the contract, his right to remove the engine and appurtenances would have been beyond any question. But upon the facts he did not annex this condition, and made-an unconditional contract of purchase, i. e., he bound himself absolutely to pay the price, and was to have a deech when he made payment in full.
So the relation of vendor and vendee was established,…
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