Grandy v. . Small
Supreme Court of North Carolina
Assumpsit, tried before Ellis, Judge, at the last Superior Court of Pasquotank. The plaintiff declared for the nondelivery of a quantity of corn, and offered the following instrument of writing as evidence of the contract: “ This is to certify that I have this day sold John J. Grandy five hundred barrels of corn, at three 25-100 dollars per barrel, to be delivered at Little River bridge, in clean, sound order, when called for. January 18th, 1854.” Signed by the defendant.
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Assumpsit, tried before Ellis, Judge, at the last Superior Court of Pasquotank. The plaintiff declared for the nondelivery of a quantity of corn, and offered the following instrument of writing as evidence of the contract: “ This is to certify that I have this day sold John J. Grandy five hundred barrels of corn, at three 25-100 dollars per barrel, to be delivered at Little River bridge, in clean, sound order, when called for. January 18th, 1854.” Signed by the defendant. On the 31st of the same month, (January), the plaintiff gave notice to the defendant, in writing, that he was ready to…
1Opinion of the CourtPearson, J.
The acts to be done by the parties, under this contract, were concurrent; the plaintiff was bound to pay the money on the delivery of the corn ; his doing so, was a condition precedent to the right of action, and the question is, whether there was any thing to discharge him from its performance.
'Where a party is ready and able and offers to perform, and the other party refuses to accept, this is considered, in law, as equivalent to a performance for the purposes of the action.
In some cases, an offer to perform is dispensed with, and proof of readiness and ability is held sufficient to…
2Cited by5 opinions
- Trogden v. . WilliamsSupreme Court of North Carolina · 1907
- Blalock v. Clark.Supreme Court of North Carolina · 1904
- Blalock v. Clark.Supreme Court of North Carolina · 1903
- Bryant v. Southern Box & Lumber Co.Supreme Court of North Carolina · 1926
- Elliott Building Co. v. City of GreensboroSupreme Court of North Carolina · 1925