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Thomason promised to pay the $6,000 the following week, but the Beschers told him that the option given to him had been withdrawn.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.)
What to do next…
Here's why 705,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,300 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
