Corinthian Lodge v. . Smith
Supreme Court of North Carolina
AotioN tried before Neal, J., and a jury, at October Term, 1907, of Edgecombe. There was evidence tending to show that plaintiff lodge, in 1904, was erecting a Masonic temple for the use of the order in the town of Rocky Mount, N. 0., and intended to prepare tbe first floor, 25 x 130 feet, to rent as a storeroom for mercantile purpose, and, pending tbe construction of tbe building, plaintiff entered into a contract witb defendants to rent tbem tbe store for one year, witb…
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AotioN tried before Neal, J., and a jury, at October Term, 1907, of Edgecombe. There was evidence tending to show that plaintiff lodge, in 1904, was erecting a Masonic temple for the use of the order in the town of Rocky Mount, N. 0., and intended to prepare tbe first floor, 25 x 130 feet, to rent as a storeroom for mercantile purpose, and, pending tbe construction of tbe building, plaintiff entered into a contract witb defendants to rent tbem tbe store for one year, witb privilege of renewal, at tbe contract price of $700 per year, to commence 1 January, 1905; tbat defendants failed and…
1Opinion of the Court
Hoke, J.,
after stating the case: In Ducker v. Cochrane, 92 N. C., 597, the Court held “that one party to a contract cannot maintain an action for its breach without averring and proving a performance of his own antecedent obligations arising on the contract or some legal excuse for a nonperformance thereof or, if the stipulations are concurrent, his readiness and ability to perform-them.” This principle has been recognized and applied by us in many well-considered cases. Tussey v. Owen, 139 N. C., 457; Jones v. Mial, 79 N. C., 164, modified, but not on this point, in 82 N. C., 252; Niblett v.…
2Cases cited10 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Oakley v. . MortonNew York Court of Appeals · 1854
- Mizell v. . BurnettSupreme Court of North Carolina · 1857
- Jones v. . MialSupreme Court of North Carolina · 1880
- Ducker v. . CochraneSupreme Court of North Carolina · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McCurry v. . PurgasonSupreme Court of North Carolina · 1915
- Edgerton v. TaylorSupreme Court of North Carolina · 1922
- McCracken v. Greensboro, Northern & Atlantic Railway Co.Supreme Court of North Carolina · 1915
- Goldston Brothers v. NewkirkSupreme Court of North Carolina · 1951
- Raby v. . CozadSupreme Court of North Carolina · 1913
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