Smithwick v. Whitley
152 N.C. 369, 67 S.E. 913 (N.C. 1910)
- Smithwick signed a written
contract with Whitely to buy some land for $35 an acre.
- Whitely never handed over
- Smithwick spent three years
clearing the land. Whitley then informed Smithwick that he was calling
off the deal unless Smithwick paid $50 an acre.
- Smithwick, not wanting to lose
all the work he spent clearing the land, paid the $50 an acre, got the
deed, and then sued to recover the $15 an acre.
- Smithwick argued that the extra money was paid under duress.
- The Court found for Whitley.
- The Court found that the $15
- Smithwick didn't play his
cards right. What he should have done was not pay, and then sue Whitley
for specific performance to get the
deed based on the original contract.