53 S.E. 361 | N.C. | 1906
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,
The whole matter was so fully discussed on the former appeal, and the principle so clearly stated that the plaintiffs could not recover without showing that they were ready and willing to comply with the contract on 1 July — unless an extension of time was shown — that further discussion now would be "vain repetition."
No Error. *412
(552)