Edgerton v. Taylor
Supreme Court of North Carolina
Appeal by defendants from Calvert, J., at May Term, 1922, of WayNe. Tbis was a civil action, wherein the plaintiffs were seeking to enforce specific performance of a contract for the purchase of certain real property in the city of Goldsboro, and for damages for breach of contract for the purchase of certain personal property executed by the defendants, W. V. Taylor and Dallas Taylor to the plaintiffs, and for the recovery against the remaining defendants of judgment- for…
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Appeal by defendants from Calvert, J., at May Term, 1922, of WayNe. Tbis was a civil action, wherein the plaintiffs were seeking to enforce specific performance of a contract for the purchase of certain real property in the city of Goldsboro, and for damages for breach of contract for the purchase of certain personal property executed by the defendants, W. V. Taylor and Dallas Taylor to the plaintiffs, and for the recovery against the remaining defendants of judgment- for $59,000 under a bond executed by said defendants for the faithful performance by the defendants W. Y. Taylor and Dallas…
1Opinion of the Court
"Walker, J'.,
after stating tbe case: This case was not tried in tbe court below upon the correct theory, and tbe issues submitted to tbe jury did not embrace fully all tbe matters really in controversy. These issues were objected to by tbe defendants and other issues tendered by them, which were rejected by tbe court, and defendants duly excepted.
Tbe court submitted, as will appear above, among others, the following issues to tbe jury:
“5. Did tbe plaintiff J. M. Edgerton wrongfully interfere with tbe auction sale of tbe property, as alleged in tbe answer ?”
Tbe court then charged tbe jury upon…
2Cases cited18 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Oakley v. . MortonNew York Court of Appeals · 1854
- Mizell v. . BurnettSupreme Court of North Carolina · 1857
- Jones v. . MialSupreme Court of North Carolina · 1880
- Ducker v. . CochraneSupreme Court of North Carolina · 1885
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3Cited by22 opinions
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- Commercial National Bank of Charlotte v. Charlotte Supply Co.Supreme Court of North Carolina · 1946
- American Hot Rod Association, Inc. v. Robert L. Carrier, American Hot Rod Association, Inc. v. W. R. Land, Jr.Court of Appeals for the Fourth Circuit · 1974
- Combined Insurance Co. of America v. McDonaldCourt of Appeals of North Carolina · 1978
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