Bailey v. Riffe
Bailey v. Riffe
Opinion of the Court
By a written contract dated the 27th day of November, 1912, H. M. Rifle sold to S. J. Bailey a lot of ground situated in the town of Sophia, Raleigh County, at the price of $600.00, receiving in payment therefor three notes, executed by P. A. Robertson, one calling for $158.34, and the other two for $158.33 éach, amounting in the aggregate to $475.00. The notes were dated November 27, 1912, and were payable in three, six, and nine months respectively, and secured by a deed of trust on a saw mill. For the balance of the purchase money Bailey executed his note for $125.00, payable in twelve months. By this written contract Rifle bound himself to make Bailey a deed for the lot within two weeks after the time of the payment of the whole of the purchase money. The $125.00 note has been paid. The saw mill conveyed in trust to secure the payment of the three notes executed by Robertson was sold by the trustee in January, 1914, at the price of $105.00, netting $75.00, to be applied as a credit on these notes. The balance on the Robertson notes is unpaid.
Bailey’s contention is that Rifle took the three Robertson notes as a payment on the land; that they are the “cash” payments referred to in the contract; and that he having paid the $125.00 note, is entitled to a deed for the lot; and this suit is brought by him to require the defendant to specifically perform the contract by making a deed for the property.
Does the contract sustain the plaintiff’s contention? The burden is on the plaintiff to make out his case. This is the only question submitted for our decision. The parties had the right, if they chose, to make a contract by which the grantor would, accept the Robertson notes as payment, and if Riffe made such contract, he is bound by it. The contract is inartistieally worded. The meaning is not altogether clear. It is plain, however, that Bailey was to pay $600.00 for the lot; that the Robertson notes when paid would constitute $475.00 of the purchase money, and the $125.00 was for the balance. But the Robertson notes have not been paid. Is Bailey entitled to a deed until they are paid? The contract binds Riffe to make a deed ‘ ‘ after the payment in full to him of the whole of the purchase money. ’ ’ He has not been paid all the purchase money unless the Robertson notes were accepted as a payment. Were they? This depends on what is .the meaning of the contract.
The contract says: “The said party of the first part hereby agrees and binds himself, his heirs and assigns to execute acknowledge and deliver unto said party of the second part, his heirs or assigns, within two weeks from and after the date of payment to him of the last said monthly payments hereinbe-fore provided to be made, and after payment in full to him of the whole of the purchase money for said lot or parcel of land.”
Each of the three Robertson notes was endorsed on the back by Bailey as follows: “For value received I assign the within note to H. M. Riffe.” The Robertson notes having been assigned as above shown, with no qualification or expia-
For the foregoing reasons the decree will be reversed and the cause remanded.
Reversed and remanded.
Reference
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