Goldsboro Storage & Warehouse Co. v. Duke

21 S.E. 178, 116 N.C. 202

• Court: Supreme Court of North Carolina
• Decided: February 5, 1895
• Status: Published

Opinion

Clark, J.:

This case is governed by Patrick, v. Rail road, 93 N. C., 422. The notice is not an offer, which the lessee could accept and thereby make irrevocable. It was a notice of proposed action under the contract which by its terms the lessee could avoid by payment in 30 days of the rent due. The recall of the notice is not an attempted renewal of an ended contract but the withdrawal of a notice in pursuance of which it might soon have ended. Patrick v. Railroad, supra, p. 428.

It is not necessary to repeat the strong reasoning of Smith, C. J., in that ease. The notice could have been withdrawn at any time before the day named for it to take effect. It was vox emissa sed non irrevooabilis.

Error.