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LAMB v. STAPLES

No. 19.

66 S.E.2d 660 (1951)

234 N.C. 166

LAMB v. STAPLES et al.

Supreme Court of North Carolina.

September 19, 1951.

Attorney(s) appearing for the Case

J. Henry LeRoy, Elizabeth City, for defendants-appellants.

Howard W. Dobbins, Richmond, Va., and J. W. Jennette, Elizabeth City, for plaintiff-appellee.

DENNY, Justice.

The defendants having breached their alleged contract with the plaintiff by conveying a portion of the premises they agreed to convey to him, to L. E. Collins, they are not now in a position to comply with a judgment for specific performance. Moreover, their grantee, L. E. Collins, the present owner of a portion of the 1,200 acre tract of land, is not a party to this action. White v. Rankin, 206 N.C. 104, 173 S.E. 282.

The plaintiff in his...

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