Morris v. . Basnight
Supreme Court of North Carolina
Civil actioN, tried before Kerr, J., and a jury, at September Term, 1919, of CeaveN. Tbe action was to enforce performance of a written contract to convey land, tbe same being in terms as follows: < “We, tbe undersigned, New Bern L. Company, hereby promise and agree with S. L. Morris that in tbe ev&nt we should bid off at tbe Adams sale tbe ~W. B. Morris (deceased) lands, and become tbe sole owners of same according to tbe terms of such sale, that we will sell or cause to be…
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Civil actioN, tried before Kerr, J., and a jury, at September Term, 1919, of CeaveN. Tbe action was to enforce performance of a written contract to convey land, tbe same being in terms as follows: < “We, tbe undersigned, New Bern L. Company, hereby promise and agree with S. L. Morris that in tbe ev&nt we should bid off at tbe Adams sale tbe ~W. B. Morris (deceased) lands, and become tbe sole owners of same according to tbe terms of such sale, that we will sell or cause to be sold to tbe said S. L. Morris, for tbe sum of $100, tbe tract of land where be now resides, tbe same lands intended for…
1Opinion of the CourtHoke, J.
The contract to convey is sufficient in form, and, having been executed by the general manager of the company, apparently within the course and scope of his powers, and in the line of the com pany’s business, is prima facie binding on the company. Bank v. Oil Mill, 157 N. C., 302; Clowe v. Imperial Pine Product Co., 114 N. C., 304. And, if it were otherwise, the company having acquired the plaintiff’s interest in his father’s land and the timber thereon under and by virtue of the act of the secretary and general manager, are concluded on this question. They will not be allowed to accept and…
2Cases cited9 opinions
- Kares v. CovellMassachusetts Supreme Judicial Court · 1902
- Bryant Timber Co. v. WilsonSupreme Court of North Carolina · 1909
- McCracken v. Greensboro, Northern & Atlantic Railway Co.Supreme Court of North Carolina · 1915
- Wick v. DawsonWest Virginia Supreme Court · 1900
- Kuhn v. EppsteinIllinois Supreme Court · 1905
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3Cited by20 opinions
- Snyder v. FreemanSupreme Court of North Carolina · 1980
- Hill v. Pinelawn Memorial Park, Inc.Supreme Court of North Carolina · 1981
- Lawing v. JaynesSupreme Court of North Carolina · 1974
- Whitehurst v. AbbottSupreme Court of North Carolina · 1945
- Tuttle v. Junior Building Corp.Supreme Court of North Carolina · 1948
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