#### MILLS E. BELL v. J. A. BYRUM and SCOTT B. PARKER.

(Filed 12 September, 1928.)

Appeal by defendants from Barnhill, J., at June Term, 1928, of PasquotaNK.

No error.

Fhringhaus & Sail for plaintiff.

Thos. J. Markham and McMullan & LeBoy for defendants.

Pek Cublam.

The plaintiff brought suit to recover damages for alleged breach of a written contract under the terms of which the plaintiff was to furnish the defendants certain seed potatoes, fertilizer, barrels, and sufficient poison for the crop, and the defendants were to cultivate, tend, and gather the crop at maturity and make delivery thereof to the plaintiff at Elizabeth City “at such time in June, 1927, between the 5th and 15th, that the potatoes turn or yield fourteen to one, said digging in any event to be between said dates, except as otherwise provided.” The defendants denied the material allegations of the complaint and set up *799a counterclaim. In response to tbe issues tbe jury found tbat tbe defendants bad failed to comply witb tbe contract, tbat tbe breach bad not been waived by tbe plaintiff, and assessed damages both for tbe plaintiff and for tbe defendants on tbeir counterclaim.

In our examination of tbe record we bave discovered no reversible error.

No error.