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Whicker v. Crews

Supreme Court of North Carolina
Jun 1, 1841
36 N.C. 351 (N.C. 1841)

Opinion

(June Term, 1841.)

Where a negotiation for the purchase of a tract of land was pending for several months, and the plaintiff had sufficient opportunities of informing himself as to its localities and boundaries, he cannot bring a bill to be relieved against the purchase, especially when he has no proof of misrepresentations by the defendant.

THIS was a suit in equity which, after having been set for hearing in STOKES Court of Equity, was transmitted by consent to this Court for a final decision. All that is necessary to be known of the case is to be found in the opinion delivered in this Court.

James T. Morehead for the plaintiff.

Boyden for the defendant.


The object of this bill is to rescind a contract (352) for the purchase of a tract of land in Stokes County, because of misrepresentations respecting its location and boundaries made by the vendor, the defendant, in the course of the negotiation, whereby the plaintiff, as he alleges, was grossly deceived and grievously injured. The defendant positively denies the misrepresentations charged; and upon the proofs the plaintiff has utterly failed to establish them. It is needless to go through these minutely. It is enough to say that it appears that the negotiation was pending for many months, that in the course of it the plaintiff had abundant opportunities of informing himself accurately respecting all the localities of the land, and that its boundaries were truly pointed out to him by persons to whom the defendant had referred him for particular information before the contract was brought to a conclusion.

The bill must be dismissed with costs.

PER CURIAM. Decree accordingly.


Summaries of

Whicker v. Crews

Supreme Court of North Carolina
Jun 1, 1841
36 N.C. 351 (N.C. 1841)
Case details for

Whicker v. Crews

Case Details

Full title:BENJAMIN WHICKER v. MATTHEW CREWS

Court:Supreme Court of North Carolina

Date published: Jun 1, 1841

Citations

36 N.C. 351 (N.C. 1841)