Turnage v. McLawhon, 313
| Decision Date | 18 October 1950 |
| Docket Number | No. 313,313 |
| Citation | 61 S.E.2d 336,232 N.C. 515 |
| Court | North Carolina Supreme Court |
| Parties | TURNAGE, v. McLAWHON. |
Harding & Lee, Greenville, for plaintiff appellee.
Albion Dunn, Greenville, for defendant appellant.
It was admitted that the defendant signed a contract empowering plaintiff to sell his farm of 242 acres for the net price of $32,000, plus $10,000 for certain personal property thereon, plaintiff to have for his services in procuring a purchaser all that should be obtained over the stated price. The contract signed by defendant contained no warranty of title or against encumbrances.
The defendant was and is a married man living with his wife, and this fact was known to the plaintiff. Defendant's wife did not sign the contract. Thereafter plaintiff procured a purchaser for the land at the price of $35,000, and defendant without the joinder of his wife signed a letter to the prospective purchaser confirming the sale. The defendant's wife refused to sign the deed, and the purchaser, in view of the wife's inchoate right of dower in the land remaining unimpaired, declined to accept the deed without her signature.
The defendant testified he stood ready, able and willing to execute deed to the land to the plaintiff or to the purchaser for the price agreed, and had so advised the plaintiff; that the plaintiff knew at the time he obtained the agreement of the purchaser to buy that defendant's wife would not sign the deed, and he also offered to show plaintiff knew that purchaser would not accept deed without her signature.
It is apparent that the single issue submitted to the jury was not determinative of the case. It did not afford defendant opportunity to present his contentions based upon the evidence offered. It is essential in the trial of civil action by jury that the issues submitted shall embrace all material questions in controversy, and that each party have opportunity to present fairly and fully his contentions of law and fact. Hatcher v. Dabbs, 133 N.C. 239, 45 S.E. 562; American Potato Co. v. Jeanette Bros. Co., 174 N.C. 236, 93 S.E. 795; Colt Co. v. Barber, 205 N.C. 170, 170 S.E. 663; Lewis v. Hunter, 212 N.C. 504, 193 S.E. 814; Griffin v. U. S. Life Ins. Co., 225 N.C. 684, 36 S.E.2d 225; Whiteman v. Seashore Transportation Co., 231 N.C. 701, 58 S.E.2d 752. The issues submitted, together with the answers thereto, must be sufficient to support a judgment disposing of the whole case. Griffin v. U. S. Life Ins....
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Baker v. Malan Const. Corp., 19
...336, 63 S.E. 92, 19 LR.A.,N.S., 475; Griffin v. United Services Life Insurance Co., 225 N.C. 684, 686, 36 S.E.2d 225; Turnage v McLawhon, 232 N.C. 515, 61 S.E.2d 336. (Note: Sections 395 and 400 of The Code are now codified as G.S. § 1-200 and G.S. § 1-173, In Bowen, Merrimon, J. (later C. ......
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O'Briant v. O'Briant
...the requirement of the statute is fully met.' Whiteman v. Seashore Transportation Co., 231 N.C. 701, 58 S.E.2d 752; Turnage v. McLawhon, 232 N.C. 515, 61 S.E.2d 336; Caddell v. Caddell, 236 N.C. 686, 73 S.E.2d 923; McIntosh In the case at bar the court submitted the issue in this form: '4. ......
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...the evidence offered. 'It is essential in the trial of civil action by jury', as recently stated by Devin, J., in Turnage v. McLawhon, 232 N.C. 515, 61 S.E.2d 336, 337, 'that the issues submitted shall embrace all material questions in controversy, and that each party have opportunity to pr......