Fletcher v. Jones

Judge Becton

dissenting.

Believing that defendant breached the contract and that plaintiff is entitled to specific performance, I dissent. Harvey v. Linker, 226 N.C. 711, 40 S.E. 2d 202 (1946) does not limit the application of Johnson v. Noles, 224 N.C. 542, 31 S.E. 2d 637 (1944) “to cases in which the party to be charged requested the extension and it was granted solely for his benefit,” as suggested by the majority in n. 2, supra. On the contrary, the Harvey Court did not rule on the enforceability of an oral extension of the time for performance, which is mutually beneficial to the parties.…