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171 N.C. 134

87 S.E 983

Blalock v. Hodges

Supreme Court of North Carolina

Decided March 8, 1916

Supreme Court of North Carolina · decided 1916-03-08

Appeal by defendants from Lyon, J., at January Term, 1916, of HARNETT. Civil action commenced on 29 November, 1915, to compel the defendants to execute a deed conveying a certain tract of land pursuant to an option executed by the defendants Hodges and wife to the plaintiff, which was duly registered. The option gave to the plaintiff the right to tender the money on or before 1 December, 1915, and to secure a deed for the land.

Decided 1916-03-08

AlleN, J.

¶1We see no reason for disturbing tbe judgment. Tbe option is a valid contract and one of which tbe specific performance will be enforced (Ward v. Albertson, 165 N. C., 223), and tbe defendants not only admit tbe execution of tbe option in tbe answer, but they aver their readiness to perform it, and tbe only objection made is that one acre of land was included by mistake.

¶2. Tbe decree entered in tbe Superior Court gives tbe defendants all for which they contend by excepting tbe one acre of land from tbe deed which tbe defendants are required to execute, and tbe plaintiff is required to pay tbe costs of tbe action.

¶3There is nothing in tbe decree of which tbe defendants can justly complain.

¶4Affirmed.

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