Tbe principle for which the plaintiff contends is clearly stated in Doyle v. Bush, 171 N. C., 10; 86 S. E., 165. But the evidence in the instant case is not sufficient to bring it within the doctrine therein announced. The defendant was to sell, at his discretion, and settle with the plaintiff, on the basis of the market price of cotton, on the day settlement was requested. This had been the practice between the parties for a number of years.

No error.