Turner v. . Vann
Supreme Court of North Carolina
Appeal by plaintiffs from Ferguson, J., at April Term, 1915, of HERTFORD. Civil action to recover damages for shortage in acreage in a tract of land bought by the plaintiffs from the defendants.
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Appeal by plaintiffs from Ferguson, J., at April Term, 1915, of HERTFORD. Civil action to recover damages for shortage in acreage in a tract of land bought by the plaintiffs from the defendants. The plaintiffs allege in their complaint that they purchased the land relying on representations made by the defendants that the tract of land contained 550 acres; that these rejiresentations were false; that in fact the tract of land only contained 379 acres, and that the representations were fraudulently made. These allegations were denied by the defendants. On the trial the plaintiffs abandoned all…
1Opinion of the CourtAlleN, J.
The learned counsel for the plaintiffs concedes in his carefully prepared brief that the judgment of the Superior Court cannot be reversed unless the following propositions are established:
1. That there is an actual shortage of 169acres or thereabouts in the land in controversy, as averred in the complaint, and the said fact should have been found to exist as- a matter of fact by the court below.
2. That the sale was one by the acre and not in the gross.
3. That the plaintiffs, when they purchased the said land, fully relied upon the representations made to them by the appellees, that the tract…
2Cases cited4 opinions
- Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
- Bethell v. . McKinneySupreme Court of North Carolina · 1913
- Stern v. BenbowSupreme Court of North Carolina · 1909
- Smathers v. . GilmerSupreme Court of North Carolina · 1900
3Cited by8 opinions
- Galloway v. . GoolsbySupreme Court of North Carolina · 1918
- Evans v. . DavisSupreme Court of North Carolina · 1923
- Henofer v. Realty Loan & Guaranty Co.Supreme Court of North Carolina · 1919
- Queen v. SiskSupreme Court of North Carolina · 1953
- Guy v. First Carolinas Joint Stock Land Bank of ColumbiaSupreme Court of North Carolina · 1933
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