Parris v. . Roberts

Supreme Court of North Carolina

Parris v. . Roberts

34 N.C. 268

DecidedAugust 5, 1851

StatusPublished

This text of 34 N.C. 268 (Parris v. . Roberts) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Parris v. . Roberts, 34 N.C. 268 (N.C. 1851).

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Opinion

In the charge of his Honor there is no error. By the contract between the plaintiff and Jones, the legal title to the horse sold is expressly reserved. The title did not pass to Jones — the sale was but conditional. Ellison v. Jones, 26 N.C. 48; Gaither v. Teague, id., 65. Here the plaintiff expressly reserves the title to the horse sold until the *Page 187 price is paid, and Jones, the purchaser, gave his note for the (270) price, which was not due when the constable sold. We are at a loss to perceive upon what principle the case was brought here.

PER CURIAM. No error.

Cited: Clayton v. Hester, 80 N.C. 277; Frick v. Hilliard, 95 N.C. 119;Butts v. Screws, id., 217; Whitlock v. Lumber Co., 145 N.C. 124.

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In the charge of his Honor there is no error. By the contract between the plaintiff and Jones, the legal title to the horse sold is expressly reserved. The title did not pass to Jones — the sale was but conditional. Ellison v. Jones, 26 N.C. 48; Gaither v. Teague, id., 65. Here the plaintiff expressly reserves the title to the horse sold until the *Page 187 price is paid, and Jones, the purchaser, gave his note for the (270) price, which was not due when the constable sold. We are at a loss to perceive upon what principle the case was brought here.

PER CURIAM. No error.

Cited: Clayton v. Hester, 80 N.C. 277; Frick v. Hilliard, 95 N.C. 119;Butts v. Screws, id., 217; Whitlock v. Lumber Co., 145 N.C. 124.

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Bluebook (online)

34 N.C. 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parris-v-roberts-nc-1851.

Opinion

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