Grandy v. . McCleese
Supreme Court of North Carolina
AotioN of assumpsit, tried before bis Honor, Judge DiCK, at the Fall Term, 1854, of Pasquotank Superior Court. The declaration was for a refusal to deliver a quantity of corn sold to the .plaintiff.
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AotioN of assumpsit, tried before bis Honor, Judge DiCK, at the Fall Term, 1854, of Pasquotank Superior Court. The declaration was for a refusal to deliver a quantity of corn sold to the .plaintiff. On the trial, one Killincger testified that he was present at the plaintiff’s store, in Elizabeth City, on 1st of September, 1853, and heard the plaintiff enquire of the defendant what he would take for his corn ? The reply was, “ sixty cents per bushelupon which the plaintiff offered 58 cents ; to which tlie defendant answered, “ you can send for it.” Nothing was said about the mode or time of…
1Opinion of the CourtBattle, J.
The contract proved by the testimony was simply an executory one for the sale of a quantity of corn at a stipulated price : the legal effect of it was to bind the parties to the performance of concurrent acts : The plaintiff was to send for the corn and to pay for it upon delivery ; and the defendant was to deliver it upon receiving payment. Neither party could demand a performance by the other, without'the allegation and proof of his own readiness and ability to perform his part of the agreement, 2 Bla. Com. 447; Cowper v. Saunders, 4 Dev. Rep., 283; Cole v. Hester, 9 Ired. Rep. 23. The…
2Cited by12 opinions
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- Hughes v. Knott.Supreme Court of North Carolina · 1905
- Edgerton v. TaylorSupreme Court of North Carolina · 1922
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