A agrees with B at a sheriff's sale to bid off the property sold, for B. He bids it off, and takes a conveyance to himself, and then refuses to convey to B. As B is not privy to the conveyance, he is not bound by it; and he may produce parol evidence to prove the agreement between A and himself.
BY THE COURT.
This case is not influenced by the principles that decided the case of 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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