Johnson v. . Jones
Supreme Court of North Carolina
PetitioN for an Injunction, heard before Seymour, J., at Fall Term, 1874, of the Superior Court of Greene County. The facts necessary to an understanding of the case as decided, are fully stated in the opinion of Justice RodmaN. Upon the hearing, the Court below rendered judgment, dissolving the injunction, whereupon the plaintiffs appealed.
1Opinion of the CourtRodman, J.
The plaintiffs (except Johnson) are the heirs ■of John Turnage, and Johnson is the assignee of another of the heirs.
They allege that Turnage sold to one Grimsley a piece of land for $7,500, whicli was paid, and that there was an .agreement between the parties that if the piece should be found to contain a greater number of acres than Turnage represented, that Grimsley should pay for the excess at the rate of $12 per acre, and if it should be found to contain a less number, that Turnage should refund for the deficiency at the same rate. Turnage died in July, 1862, and one Hardy, who is alluded…
2Cited by2 opinions
- Cumberland & Pennsylvania Railroad v. Pennsylvania RailroadCourt of Appeals of Maryland · 1881
- Gulley v. . MacYSupreme Court of North Carolina · 1879