Finishing & Warehouse Co. v. Ozment
Supreme Court of North Carolina
Action by the Southern Finishing & Warehouse Company against W. R. Ozment, heard by Judge T. A. McNeill and a jury, at September Term, 1902, of the Superior Court of Guilford County. This is an action to reform a deed.
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Action by the Southern Finishing & Warehouse Company against W. R. Ozment, heard by Judge T. A. McNeill and a jury, at September Term, 1902, of the Superior Court of Guilford County. This is an action to reform a deed. Plaintiff being the owner of a large parcel of land at the southwest intersection of Bessemer avenue and Carolina street, in the city of Greensboro, on which it had erected several buildings in close proximity to each other, the defendant applied to plaintiff for the purchase of a part of said land, known as the storehouse lot, which was then, and had been for some time,…
1Opinion of the Court
Walker, J.,
(after stating the case): The case made out by the plaintiff and reinforced by the testimony of the defendant appeals strongly to the conscience of the court, and it would be strange indeed if any principle of equity could be successfully invoked which would cause us to withhold from the plaintiff the relief which be seeks in this action and enable the defendant to retain a part of the Combs lot which it clearly appears be did not buy and for which, of course, be has paid nothing. He is insisting upon bis strict legal right and the advantage which be has gained by the miscarriage…
2Cases cited4 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Morisey v. . SwinsonSupreme Court of North Carolina · 1889
- Kornegay v. . EverettSupreme Court of North Carolina · 1888
- Petteway v. McIntyre.Supreme Court of North Carolina · 1902