Supreme Court of North Carolina March 5, 1924 (Adams v. Angier Bank & Trust Co.)

Adams, J.

The defendants assign as error the judgment overruling the demurrer. They contend that the plaintiff is not entitled to equitable relief because he has neither paid nor tendered the principal and the legal interest thereon, and in support of their position they cite

Owens v. Wright,

161 N. C., 127, and

Corey v. Hooker,

171 N. C., 229. But these authorities do not aid the defendants.