Burnap v. . Sidberry
Supreme Court of North Carolina
Civil ACTION, upon case agreed, tried at Spring Term,.1890, of Onslow Superior Court, Graves, J., presiding, to compel the specific performance of a contract' to convey land. - The following is a statement of the facts agreed upon by the parties to the action: “1. That on the 10th of March, 1881, the defendants’ ancestor and intestate, Burgess Williams, gave the plaintiff his bond for title for the,land in question, thereby obliging himself to make title upon the payment to…
Read the full summary
Civil ACTION, upon case agreed, tried at Spring Term,.1890, of Onslow Superior Court, Graves, J., presiding, to compel the specific performance of a contract' to convey land. - The following is a statement of the facts agreed upon by the parties to the action: “1. That on the 10th of March, 1881, the defendants’ ancestor and intestate, Burgess Williams, gave the plaintiff his bond for title for the,land in question, thereby obliging himself to make title upon the payment to him of $170, secured by two notes, each dated March 10¡h, 1881 — one for $100, due January 1, 1882, with interest from…
1Opinion of the CourtMekeumoN, C. J.
after stating the case: The specific performance of an executory contract to convey land cannot be insisted upon in a Court of Equity as a matter of absolute right. It rests in the discretion, not the arbitrary, but the sound discretion of the Court, controlled and governed by principles and rules of equitable justice, applicable in each case as it arises, according to the facts and circumstances attending it, whether specific performance will or will not be required. The Court will look through the contract without regard to merely legal forms and technical advantage, to see what are its…
2Cases cited4 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- Herren v. . RichSupreme Court of North Carolina · 1886
- Love v. . WelchSupreme Court of North Carolina · 1887
- Ramsay v. . GheenSupreme Court of North Carolina · 1888
3Cited by2 opinions
- Renard v. AllenOregon Supreme Court · 1964
- State v. . LocklearSupreme Court of North Carolina · 1896