Wilson v. . Lineberger

The case is reported in the 92 N.C. 547, and the petition was filed by the plaintiffs.

The petition to re-hear was asked on the following grounds:

"1st. In that the Court erred in deciding that the contract sued on contained mutual and dependent covenants, to be performed by J.H. Wilson and E. C. Wilson, his wife, and that the plaintiff's complaint did not state a cause of action, because it did not allege that said J.H. Wilson and E. C. Wilson, had performed, or were ready, willing and able to perform, the covenants on their part in said contract; whereas the petitioners allege, that from the…