Roanoke Railroad & Lumber v. Privette
Supreme Court of North Carolina
Appeal by defendant from Bond, J., at February Term, 1919, of Nash. This is an action for specific performance of an option in favor of the plaintiff to cut timber. Yerdict and judgment for the plaintiff. Appeal by the defendant.
1Opinion of the CourtClaek, C. J.
There are several assignments off error, but the defendant’s brief presents but one, and that is sufficient for the disposition of this appeal. The plaintiff sued for specific performance of an option dated 14 March, 1917, alleging that within the time prescribed it offered to comply with the terms of the option and that it was ready, able and willing to do so. This was denied by the defendant.
The evidence is that it was verbally agreed that the plaintiff was to have an option for ten days and that plaintiffs agent, Gf. D. Taylor, prepared the option and then read it to the defendant as if it…
2Cited by2 opinions
- Clark v. Federal Life InsuranceSupreme Court of North Carolina · 1927
- Texaco, Inc. v. CreelCourt of Appeals of North Carolina · 1982