MEADS v. DAVIS

No. 741SC424.

206 S.E.2d 868 (1974)

22 N.C. App. 479

Harvey Eugene MEADS, t/a Standard Tile Company v. Nat DAVIS and wife, Margaret Davis.

Court of Appeals of North Carolina.

July 17, 1974.


Attorney(s) appearing for the Case

Leroy, Shaw, Hornthal & Riley, by Norman W. Shearin, Jr., Kitty Hawk, and Charles C. Shaw, Jr., Elizabeth City, for plaintiff appellee.

Twiford, Abbott & Seawell, by C. Everett Thompson, Elizabeth City, for defendant appellants.


BRITT, Judge.

Defendants assign as error the failure of the trial court to instruct the jury: "If the plaintiff did not have a reasonable belief that the goods would be accepted, he does not have the right to cure his defect." Defendants cite G.S. § 25-2-508, Official Comment No. 2. We believe that defendants' contention as to the law is wrong and that they have misconstrued the comment.

G.S. § 25-2-508(1) provides: "Where any tender or delivery...

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