BERUBE v. MOBILE HOMES SALES AND SERVICE

No. 754DC506.

220 S.E.2d 636 (1975)

28 N.C. App. 160

Ronald or Sally A. BERUBE v. MOBILE HOMES SALES AND SERVICE.

Court of Appeals of North Carolina.

December 17, 1975.


Attorney(s) appearing for the Case

Billy Sandlin, Jacksonville, for plaintiffs-appellees.

Zennie L. Riggs, Jacksonville, for defendant-appellant.


PARKER, Judge.

Defendant first assigns error to denial of his motions for dismissal. Defendant argues that under G.S. 25-2-511(1), tender of payment is a condition precedent to the seller's duty of delivery, and therefore it did not breach the contract by refusing to install the trailer until the full purchase price was paid. Defendant contends that all the evidence shows it was the plaintiffs, not the defendant, who breached the contract by refusing to go through...

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