Novelty Advertising Co. v. Farmers Mutual Tobacco Warehouse Co.

Stacy, J.,

after stating the case: The decisions in this jurisdiction are to the effect that when an executory contract for the sale of goods, not presently in existence and ready for delivery, but to be thereafter manufactured, is rescinded before the. work is completed, the vendor will not be allowed to increase his damages by continuing to manufacture the goods after notice of rescission, but his damages in such cases are to be measured as of the time of the breach of the contract by the vendee. Clothing Co. v. Stadiem, 149 N. C., 6; Heiser v. Mears, 120 N. C., 443. The theory upon which…