Hughes v. Knott.
Supreme Court of North Carolina
ActioN by W. T. Hughes and another against R. H. Knott and others, heard by Judge C. M. Cooke and a jury, at the October Term, 1905, of the Superior Court of Wake. From a judgment for the defendants, the plaintiffs appealed.
1Opinion of the CourtClark, C. J.
The defendants agreed to deliver a certain quantity of tobacco f. o. b. cars in Raleigh on 1 July to the plaintiffs, who agreed to receive and pay for it at that time. It appears from the verdict and admissions that neither party was ready to comply on that day, that both were able to comply on 4 July, when the plaintiffs made a demand which was refused and that there had been no extension of time. On 6 July the plaintiffs began this action to recover the tobacco.
It was held when this case was here before, Hughes v. Knott, 138 N. C., 109, “neither party can demand performance by the other…
2Cases cited2 opinions
- Hughes v. Knott.Supreme Court of North Carolina · 1905
- Ducker v. . CochraneSupreme Court of North Carolina · 1885
3Cited by5 opinions
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- Charlotte Supply Co. v. Burriss Metal Roofing Co.Supreme Court of North Carolina · 1912
- Davidson v. Diamond Furniture Co.Supreme Court of North Carolina · 1918
- Troitino v. . GoodmanSupreme Court of North Carolina · 1945
- Hearne v. . PerrySupreme Court of North Carolina · 1919