Buie v. Brown

• Decision Date: 18 November 1889
• Citation: 104 N.C. 335,10 S.E. 465
• Parties: Buie v. Brown.
• Court: North Carolina Supreme Court

10 S.E. 465

(104 N.C. 335)

Buie

v.Brown.

Supreme Court of North Carolina.

Nov. 18, 1889.

Vendor and Vendee—Actions—Pleading.

Plaintiff alleged that he contracted to sell to defendant a certain tract of land; that all the purchase money had not been paid; that he had obtained judgment for the balance thereof, which had not been paid; and that he had offered to make defendant a good title to the land on payment to him of the balance of the purchase money. Defendant admitted the contract to sell the land to him, and the price to be paid therefor. He did not admit the alleged judgment, or positively deny it, but alleged that he had fully paid the purchase money: and that plaintiff had so incumbered the land that he could not make a good title to the same; and that defendant had placed valuable improvements on the land, etc. Held, that the court erred in adjudging the answer frivolous, and giving judgment for plaintiff. It should have required the answer to be made definite and certain by amendment.

Appeal from superior court, Robeson county; Clark, Judge.

Action on a contract to sell land. Judgment on the pleadings for plaintiff, and defendant appeals.

William Black, for appellant. N. A. McLean, for appellee.

Merrimon, C.J. The plaintiff alleges, in substance, that at the time specified he contracted to sell to the defendant the tract of land described in the complaint, for the price therein mentioned; that all the purchase money has not been paid; that he has obtained judgment before a justice of the peace for the balance thereof, which has not been paid; that he has offered to make to the defendant a good title for the land upon the payment to him of the balance of the purchase money; that he has demanded of the defendant that he give him possession of the land, etc. The defendant admits in his answer the contract to sell the land to him; the price to be paid therefor. He does not admit the alleged judgment, or positively deny the same; but he alleges that he has fully paid the purchase money, and owes the plaintiff nothing on account of it. He further alleges that the plaintiff has so incumbered the land by a mortgage thereof that he cannot make a good title to the same; that the defendant has placed valuable improvements on the land, etc. He demands judgment that the plaintiff make to him title for the land, and, if he cannot, then that he have judgment against him for the purchase money he has paid, and for general relief, etc. The court adjudged the answer frivolous, and gave judgment for the...