This case is not influenced by the principles that decided the case ofStreator v. Jones, 5 N.C. 449" date_filed="1810-07-05" court="N.C." case_name="Streator v. . Jones">5 N.C. 449. The complainants allege that the defendant, B. Sheppard, contrary to the agreement he had entered into, which was to purchase the property for the complainants, took an absolute deed to himself. They were not privy to that deed, and of course not bound by it. They are therefore at liberty to produce parol evidence to establish the original contract.
Cited: Gaylord v. Gaylord, 150 N.C. 227.
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