FERGUSON v. PHILLIPS

No. 280.

150 S.E.2d 518 (1966)

268 N.C. 353

Steve FERGUSON v. Robert G. PHILLIPS and wife Leona Craig Phillips.

Supreme Court of North Carolina.

October 19, 1966.


Attorney(s) appearing for the Case

W. Faison Barnes, Carl W. Howard, Charlotte, for plaintiff appellant.

John D. Shaw, Charlotte, for defendants appellees.


PLESS, Justice.

Options "being unilateral in their inception are construed strictly in favor of the maker, because the other party is not bound to performance, and is under no obligation to buy. * * * [I]t is generally held that time is of the essence of such a contract, and that the conditions imposed must be performed in order to convert the right to buy into a contract of sale." Carpenter v. Carpenter, 213 N.C. 36, 195 S.E. 5.

"Where an option stipulates...

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