White v. Flora and Cherry

White (plaintiff) filed suit against Jesse Flora (defendant) and Daniel Cherry (defendant) regarding a parcel of real estate. Flora, who was illiterate, had been deeded a section of a 274-acre land grant in North Carolina. Flora did not know where the land was situated and, in the process of investigating the location of the land with another man named Biggs, met White. Flora asked if White knew where the land in question was located, and White told Flora that White did not. Flora asked White to help Flora locate the land under a mutually beneficial business deal, and White reluctantly agreed. As to the terms of the bargain, Flora told White that if White would find the land and investigate its title, Flora would give White half of the tract and sell White the other half at a price to be set by a mutually agreeable appraiser, paid in horses. A contract was executed on those terms, but then Flora sold the tract to Cherry, who acknowledged that Cherry knew of Flora’s deal with White. White also charged that Flora had been allowed to have a horse, bridle, and saddle from White for $100, which would be counted toward the purchase of the remaining half of the tract. Flora had been angered when he learned that the tract of land was within three miles of White’s house and that White had little trouble locating the land and establishing the title. Cherry filed an answer in the case supporting Flora’s view. White, meanwhile, wanted to compel specific performance of the contract, whereas Flora argued that White defrauded Flora by misrepresenting that White did not know where the land was and that the contract should be rescinded due to a failure of consideration. As to the misrepresentation, no evidence was presented that White did know where the land was when Flora asked White and when the contract was reached.