Farmers' Bank v. Glenn
Supreme Court of North Carolina
Civil action, tried at the Fall Term, 1872, of the Superior Court of the county of Guilford, before Tow-gee, J. The case agreed by counsel for both parties, and sent to this Court as part of the record, is substantially as follows: The action is brought to recover damages for the alleged breach of a covenant contained in a deed, made and delivered by the defendant -Glenn and his wife to the plaintiff, an incorporated bank, on the 28th day of December, 1868, for the expressed…
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Civil action, tried at the Fall Term, 1872, of the Superior Court of the county of Guilford, before Tow-gee, J. The case agreed by counsel for both parties, and sent to this Court as part of the record, is substantially as follows: The action is brought to recover damages for the alleged breach of a covenant contained in a deed, made and delivered by the defendant -Glenn and his wife to the plaintiff, an incorporated bank, on the 28th day of December, 1868, for the expressed consideration of $2,000. The. covenant, alleged to have been broken, reads, “ and we do further covenant that we are…
1Opinion of the CourtSettle, J.
The plaintiff seeks to recover damages for a breach of a covenant of seizin. The breach is admitted, and the only question for decision is, one as to the measure of damages.
The record raises some questions of evidence, which, in our view of the case, it is unnecessary to consider; for the Courts, under our present system, administer legal rights and equities between the parties, in one and the same action; and as soon as the plaintiff established a breach of the covenant, it was competent for the defendant to show any equity which would effect the measure of damages.
As soon as the deed was…
Also in this document: Per curiam.
2Cited by12 opinions
- Farmer v. . DanielSupreme Court of North Carolina · 1880
- Price v. . DealSupreme Court of North Carolina · 1884
- Van Gilder v. . BullenSupreme Court of North Carolina · 1912
- Resser v. CarneySupreme Court of Minnesota · 1893
- Eames v. ArmstrongSupreme Court of North Carolina · 1907
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