Murdock v. Anderson

• Decision Date: 30 June 1858
• Citation: 57 N.C. 77,4 Jones 77
• Court: North Carolina Supreme Court
• Parties: MURDOCK AND BAIN v. THOMAS ANDERSON.

4 Jones Eq. 77

57 N.C. 77

MURDOCK AND BAIN

v.THOMAS ANDERSON.

Supreme Court of North Carolina.

June Term, 1858.

A receipt for a part of the purchase-money, for a house and lot, without any description of the property to be conveyed, is not a sufficient note or memorandum of an agreement, under the statute of frauds, and cannot be helped out by parol evidence.

Where a suit was brought for the enforcement of a contract to convey land, in which relief was refused, because the writing relied on was not sufficiently explicit, it is not within the province of the Court to decree a repayment of the purchase-money that had been paid; because that is recoverable at law.

CAUSE removed from the Court of Equity of Orange county.

The bill alleged a parol contract, which was, that the defendant should convey to the plaintiff, Murdock, a certain house and lot, in the town of Hillsboro', which is described in the bill according to certain metes and bounds, but the only memorandum, or written evidence of the contract, relied on, was the following:

“Received of A. C. Murdock one hundred dollars in tinware, and one carryall at seventy-five dollars, in part payment of one house and lot, in the town of Hillsborough, purchased of me, by him, for the sum of three hundred and fifty dollars.” Signed by the defendant.

The bill alleged further, that $175 had been paid by the plaintiff, as stated on the receipt, and that the plaintiff had requested the defendant to convey to him the premises, but that he had refused to do so. The plaintiff Bain claimed, as the assignee of Murdock.

The prayer of the bill was for a conveyance and for general relief.

The answer of the defendant denied the facts, as set forth in the bill. The main question was, whether the writing set forth, was a sufficient note or memorandum of the agreement, under the statute of frauds, or whether parol evidence could be introduced to supply the omissions of the writing in setting out the contract.

The cause was set down to be heard on the bill, answer, former order, proofs and exhibits.

Battle and Bailey, for the plaintiffs .

Phillips, for the defendant .

PEARSON, J.

It is the misfortune of the plaintiffs that the contract was not reduced to writing, at the time it was entered into. The defendant denies the contract as alleged in the bill, and the plaintiff is forced to rely on a recital set out in a receipt for a part of the purchase-money. We think the evidence is insufficient, because the...