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Thomason v. Bescher

Supreme Court of North Carolina

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

Relevant factsFree

The Beschers (defendants) signed a sealed contract to sell land to C.E. Thomason (plaintiff) in exchange for a recited one dollar, with the contract taking effect if Thomason requested the deed and paid $6,000 by a set date. Before the option expired, Thomason promised to pay the $6,000 the following week, but the Beschers told him the option had been withdrawn; Thomason sued for specific performance, and the trial court found the one-dollar consideration had never actually been paid but that Thomason had always been able and willing to pay the $6,000, ultimately ruling for Thomason and granting specific performance.

IssueFree

Whether a contract under seal may be invalidated on account of lack of consideration.

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