Haywood v. Morton

• Decision Date: 22 January 1936
• Docket Number: 609.
• Citation: 183 S.E. 280,209 N.C. 235
• Parties: HAYWOOD et al. v. MORTON.
• Court: North Carolina Supreme Court

183 S.E. 280

209 N.C. 235

HAYWOOD et al. v. MORTON.

No. 609.

Supreme Court of North Carolina

January 22, 1936

Appeal from Superior Court, Richmond County; Alley, Judge.

Action by T. A. Haywood and others, composing the North State Orchards No. 3, against G. C. Morton, wherein defendant filed a counterclaim. From an adverse judgment, defendant appeals.

No error.

Whether vendor knowingly made false representations as to acreage of land conveyed and tracts included therein, alleged to have been relied upon by purchaser, held for jury.

The plaintiffs instituted this action to recover damages alleged to have been sustained by reason of false and fraudulent representations made by the defendant to the plaintiffs relative to the acreage and tracts of land conveyed by a deed from the former to the latter; the principal allegations being in the following words: "That the plaintiffs are advised, believe and so allege that the defendant represented that he owned 2,600 acres of land and included in which were the two tracts of 12 acres on which were the two tenant houses for the purpose of inducing these plaintiffs to purchase said tract of land and that the plaintiffs relied upon the representations of the defendant that he was conveying to them 2,600 acres of land by warranty deed and that he had a good title to all of said lands including the 12 acres on which were the two tenant houses, when, as a matter of fact, the defendant did not own 2,600 acres nor the two tracts containing 12 acres, * * * and that the said defendant knew or should have known that he did not own the same, and he well knew or should have known that the plaintiffs relied upon his representations, and which representations were false, and that said representations were made for the purpose of inducing these plaintiffs to purchase the land described in said deed and for the amount hereinbefore stated (50,000.00). That relying upon the representations of the defendant as hereinbefore set forth the plaintiffs purchased said tract of land represented to contain 2,600 acres and on which were the two tenant houses pointed out by the defendant, but discovered shortly thereafter and as soon as a survey of said premises could be had that the defendant did not own but about 2,200 acres of land and did not own the two tracts of 12 acres on which were the two tenant houses and by reason of said shortage in acreage and the failure to convey the two tracts of 12 acres * * * these plaintiffs have been damaged in at least the sum of $6,500." Upon these allegations the plaintiffs ask that they be allowed a credit of $6,500 upon a note of $24,500 given by them to the defendant for part of the purchase price of said lands.

The defendant's answer admits that the deed which he delivered to the plaintiffs called for 2,600 acres, more or less, and that, at the time he delivered such deed to the plaintiffs, he thought that the two tracts of 12 tracts were included within the boundary set out in the deed, and denies that he knowingly made any false or fraudulent representations to the plaintiffs.

The defendant further sets up as a counterclaim the purchase price note of $24,500, less several admitted credits thereon aggregating $8,000, and asked judgment against the plaintiffs for the balance.

Issues were submitted to, and answered by, the jury as follows:

"1. Did the defendant G. C. Morton falsely and fraudulently represent to the plaintiffs that the boundary of land conveyed by him to the plaintiffs by deed bearing date of

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