Gilmer v. . Young

Citations

• 29 S.E. 830
• 122 N.C. 806
• 1898 N.C. LEXIS 356

Syllabus

<p>Contract for Purchase of Land — Contract—Accurate Survey — Horizontal Survey — Custom.— Notice.</p> <p>1. Where a contract for sale and purchase of land provided that it should be paid for according to the number of acres contained in the tract, tobe ascertained by an “accurate survey;” Held, that the survey should be by horizontal and not surface measurements.</p> <p>2. A custom, in order to amount to notice to all persons, must be general, like the common law; and hence, a local or general local custom is not notice to any one unless there be actual knowledge of it, and it will not be considered as having entered into a contract without such knowledge being shown..</p> <p>Furches, J., dissents arguendo, in which Douglas, J., concurs.</p>