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Thomason v. Bescher

97 S.E. 654 (N.C. 1918)

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Thomason v. Bescher

Supreme Court of North Carolina

97 S.E. 654 (N.C. 1918)

Facts

The Beschers (defendants) signed a contract under seal to sell a tract of land to C.E. Thomason (plaintiff) “in consideration of the sum of one dollar to [them] in hand paid by C.E. Thomason, the receipt of which is hereby acknowledged.” The contract stated that it would go into effect as long as Thomason asked for the deed and paid $6,000 by a certain date. A few days later, well before the expiration of the option, Thomason promised to pay the $6,000 the following week, but the Beschers told him that the option given to him had been withdrawn. Thomason brought suit for specific performance. The trial court found that the one dollar consideration had in fact not been paid, but also that Thomason was at all times able and willing to pay the $6,000. The trial court then ruled in favor of Thomason and granted specific performance.

Rule of Law

Issue

Holding and Reasoning (Hoke, J.)

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