Lewis v. . Gay
Supreme Court of North Carolina
Appeal from 0. H. Allen, J., March Term, 1909, of Edge-combe. At tbe close of the plaintiff’s evidence there was a motion to nonsuit made by defendant, and like motion was made at the close of the entire evidence. The last motion having been allowed, and judgment of nonsuit entered, plaintiff excepted and appealed. The facts are stated in the opinion of the Court.
1Opinion of the CourtHoke, J.
There was evidence tending to show that in December, 1906, plaintiff bought of defendant O. E. Gay a house and lot in the town of Eocky Mount, N. C., at the contract price of $5,500, and shortly thereafter, in January, 1907, paid defendant $1,000 on the purchase price. Thereupon defendant signed a written receipt for the money, giving the substance of the trade and reciting that a deed for the property from O. E. Gay and wife, Jessie Gay, had been left with Frank P. Spruill, to be delivered to plaintiff in case the money was paid on or before 9 February, 1907. Some time after the payment of…
2Cases cited8 opinions
- Faw v. WhittingtonSupreme Court of North Carolina · 1875
- Gorrell v. AlspaughSupreme Court of North Carolina · 1897
- Taylor v. . TaylorSupreme Court of North Carolina · 1893
- Holden v. . PurefoySupreme Court of North Carolina · 1891
- Riley v. . JordanSupreme Court of North Carolina · 1876
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3Cited by5 opinions
- Hare v. . WeilSupreme Court of North Carolina · 1938
- Cathey v. ShopeSupreme Court of North Carolina · 1953
- Wells v. . CrumplerSupreme Court of North Carolina · 1921
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- Young v. LeeNew Mexico Supreme Court · 1943