Johnson v. . Noles

The first and second assignments of error are directed to the refusal of his Honor to allow the defendants’ motion for judgment of nonsuit, made at the close of plaintiff’s evidence and renewed at the close of all the evidence.

The defendants contend that the option was a unilateral contract, and in order for the plaintiff to avail himself of the benefits thereof he was required to comply unconditionally with the terms of the option. There fore, they insist that it was not enough for the plaintiff to be ready, able and willing to pay the balance of $5,000.00 and take a deed, according to the…