DocketNumber: No. 8410DC374
Citation Numbers: 73 N.C. App. 648
Judges: Johnson, Phillips, Whichard
Filed Date: 3/19/1985
Status: Precedential
Modified Date: 11/27/2022
Though defendant poses seven questions for our consideration, the appeal raises but one question, and that is whether the court’s finding that defendant prevented plaintiff from completing its performance of the contract is supported by competent evidence. If it is, the finding is conclusive, Williams v. Pilot Life Insurance Co., 288 N.C. 338, 218 S.E. 2d 368 (1975), and defendant is precluded from using plaintiffs failure to perform the contract either as a defense to the case or as the basis for a counterclaim. This elemental proposition has been enforced by the common law since the days of Lord Coke, if not before. Cape Fear and Deep River Navigation Co. v. Wilcox, 52 N.C. 481 (1860).
This evidence amply supports the judge’s finding that defendant prevented plaintiff from fully performing the contract, and the judgment appealed from is therefore affirmed.
Affirmed.