KOTTLER v. MARTIN

No. 389.

85 S.E.2d 314 (1955)

241 N.C. 369

Joseph KOTTLER v. Oliver V. MARTIN and wife, Carrie F. Martin.

Supreme Court of North Carolina.

January 14, 1955.


Attorney(s) appearing for the Case

Hartsell & Hartsell and William L. Mills, Jr., Concord, for defendants-appellants.

John Hugh Williams, Concord, for plaintiff-appellee.


PARKER, Justice.

The essence of the defendants' argument is this: the option must be construed strictly in favor of the makers, and since the plaintiff stipulated that the jury should answer the issue: "Has the plaintiff ever offered to the defendants in cash or in certified checks the purchase price specified in the option?" "No," the plaintiff is not entitled to specific performance, because tender of the purchase price was essential.

The general rule governing...

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