Sessoms v. . Bazemore

BEoice, J. The due execution of the contract, including the privy examination of the feme defendant, is admitted in the pleadings. The tender of the purchase price within the time, and the plaintiff’s readiness and ability to perform, and the identity of the land claimed as the subject-matter of the contract are also clearly established, and the question presented and chiefly argued before us is whether the language of the written contract is sufficiently definite to permit the reception of parol evidence to fit the description to the property claimed as the subject-matter.of the contract. On that question,- the decisions‘of our Court are in full support of his Honor’s ruling in the admission of the testimony and the judgment of the Superior Court is affirmed. Norton v. Smith, 179 N. C., 553; Lewis v. Murray, and authorities cited. No error.