Walker v. . Cooper
Supreme Court of North Carolina
AotioN tried before Coohe, Jand a jury, at November Term, 1908, of Bertie. This action is to recover two mules and two logging wagons.
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AotioN tried before Coohe, Jand a jury, at November Term, 1908, of Bertie. This action is to recover two mules and two logging wagons. On issues submitted, the jury rendered the following verdict: 1. “Are the plaintiffs, Walker & Myers, the owners and entitled to the possession of the two mules described in the complaint and taken in claim and delivery?” Answer: “Yes.” 2. “Was defendant in wrongful possession thereof when this action was brought?” Answer: “Yes.” 3. “What is the value of said mule?” Answer: “One hundred dollars.” 4. “Were the plaintiffs, Walker & Myers, the owners and entitled…
1Opinion of the CourtHoke, J.
The Court has carefully considered the exceptions noted, and are of opinion that substantial justice bas been awarded and that no reversible error appears in the record.
There was evidence tending to show that in January, 1907, plaintiffs and defendant entered into a contract by which defendant, in substance, agreed in writing to cut and deliver for plaintiffs, at their mill on Roanoke River, a large amount of lumber — over a million feet in quantity — not less than 40,000 feet per week, and sold and conveyed to plaintiffs the mules and wagons in question to secure performance of contract on…
2Cited by5 opinions
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- Coral Gables, Inc. v. . Ayres.Supreme Court of North Carolina · 1935