Merchants & Farmers National Bank v. McElwee
Supreme Court of North Carolina
Amendment of Pleading — Contract, Evidence — Purchase Money of Land. This was a civil action, tried before Brown, J., at May Term, 1889, of Iredell Superior Court. The complaint is upon an executory contract (a copy of which is annexed to the complaint) for the purchase of land, wherein Mary M. Alexander, the testatrix of the defendant Mary V. McElwee, contracted to pay a specified sum for said land and executed notes therefor.
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Amendment of Pleading — Contract, Evidence — Purchase Money of Land. This was a civil action, tried before Brown, J., at May Term, 1889, of Iredell Superior Court. The complaint is upon an executory contract (a copy of which is annexed to the complaint) for the purchase of land, wherein Mary M. Alexander, the testatrix of the defendant Mary V. McElwee, contracted to pay a specified sum for said land and executed notes therefor. The plaintiff asks judgment for balance due on said notes, and a sale of the land, if payment is not made by a day to be fixed by the Court. The answer admits the…
1Opinion of the CourtClark, J.
— after stating the facts: The refusal of the motion to amend rested in the sound discretion of the Court and is not reviewable. Henry v. Cannon, 86 N. C., 24, and numerous cases there cited. Indeed, it seems that the defendants made no exception thereto at the time, and it is waived. The Code, § 412 (2); State v. Gee, 92 N. C., 756. The only error assigned is the refusal to submit the- issues tendered by the defendants relative to the alleged agreement by plaintiff to assign the Carlton & McElwee judgment as part consideration of the notes. The contract purports to embrace the whole…
2Cases cited9 opinions
- Moffitt v. . ManessSupreme Court of North Carolina · 1889
- State v. . GeeSupreme Court of North Carolina · 1885
- Ray v. . BlackwellSupreme Court of North Carolina · 1886
- Etheridge and Another v. . Palin and Wife .Supreme Court of North Carolina · 1875
- Parker v. . MorrillSupreme Court of North Carolina · 1887
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- American Potato Co. v. Jenette Bros.Supreme Court of North Carolina · 1916
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