Thornburg v. . Masten
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1882, of Wilkes Superior Court, before Gudger, J. This action was instituted against the defendant, J. S. Call, and the heirs of William Masten, for a specific performance of a contract to convey land, entered into by the said Masten with the plaintiff, Thornburg. The defendants, with the exception of Call and Brown, are the heirs-at-law of William Masten.
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Civil Action tried at Fall Term, 1882, of Wilkes Superior Court, before Gudger, J. This action was instituted against the defendant, J. S. Call, and the heirs of William Masten, for a specific performance of a contract to convey land, entered into by the said Masten with the plaintiff, Thornburg. The defendants, with the exception of Call and Brown, are the heirs-at-law of William Masten. The facts are, that some time in the year 1863 said Masten contracted to sell to the plaintiff one undivided moiety of a tract of land lying on Fishing creek, in Wilkes county, adjoining the lands of N.…
1Opinion of the CourtAshe, J.
The question is, whether there was error in the ruling of His Honor that the receipt for the five hundred dollars was too vague and uncertain to take the contract out of the operation of the statute of 29 Charles II.
We are at a loss to know upon what ground His Honor intimated the opinion that the writing recited in the complaint was insufficient to maintain the action upon it: whether it was upon the ground that the full consideration, agreed to be paid by the plaintiff, was not mentioned in the writing, or because the description of the land was too uncertain. But in either view there was…
2Cases cited2 opinions
- Farmer v. . BattsSupreme Court of North Carolina · 1880
- Henley v. . WilsonSupreme Court of North Carolina · 1879
3Cited by18 opinions
- Ray v. WoosterSupreme Court of Missouri · 1954
- Bateman v. . HopkinsSupreme Court of North Carolina · 1911
- Lewis v. . MurraySupreme Court of North Carolina · 1919
- Hall v. Misenheimer.Supreme Court of North Carolina · 1904
- Stewart v. . CarySupreme Court of North Carolina · 1941
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