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TOWERY v. CAROLINA DAIRY

No. 306.

75 S.E.2d 534 (1953)

237 N.C. 544

TOWERY et al. v. CAROLINA DAIRY, Inc.

Supreme Court of North Carolina.

April 15, 1953.

Attorney(s) appearing for the Case

Horace Kennedy and Horn & West, Shelby, for plaintiff appellants.

D. Z. Newton and Peyton McSwain, Shelby, for defendant appellee.

BARNHILL, Justice.

Whether the "request" made by counsel for defendant be treated as a demurrer or a motion for judgment on the pleadings, the judgment entered thereon was erroneous and must be vacated.

While the breach of a continuing contract may justify a termination of the contract by the innocent party, the mere fact a breach of one of the provisions of the contract has been committed by one party does not necessarily accomplish that

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