1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 56 S.E.2d
  5. 56 S.E.2d 428 (1949)
 

PENNY v. NOWELL

No. 459.

56 S.E.2d 428 (1949)

231 N.C. 154

PENNY v. NOWELL et al.

Supreme Court of North Carolina.

November 23, 1949.

Attorney(s) appearing for the Case

Simms & Simms, Raleigh, for plaintiff-appellee.

John W. Hinsdale and J. C. Little, Jr., Raleigh, for defendants-appellants.

STACY, Chief Justice.

The plaintiff's disavowal of the contract relieved the defendant of the necessity of tendering the purchase price within the period of the option. Such a tender would have availed nothing according to the testimony of record. The law does not require the doing of a vain thing. The disavowal was a waiver of the requirement. Phelps v. Davenport, 151 N.C. 22, 65 S.E. 459; Gaylord v. McCoy, 161 N.C. 685, 77 S.E. 959.

In this view of the matter...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases