Supreme Court of North Carolina December 22, 1906 (Sutton v. Davis)

ILoke, J.,

after stating the case: The house, a substantial part of the subject-matter, having been destroyed by fire during the continuance of the contract, the plaintiff seeks to recover the full contract price; and the defendant, maintaining his right to a conveyance of the lot, seeks to establish a credit on his title to the extent of the loss.