Herring v. Wallace Lumber Co.
Supreme Court of North Carolina
Appeal by defendant Cumberland Lumber Company from O. H. Allen, Jand a jury at tbe August Term, 1913, of Samp-sow. . Civil action.
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Appeal by defendant Cumberland Lumber Company from O. H. Allen, Jand a jury at tbe August Term, 1913, of Samp-sow. . Civil action. Tbe action was instituted to recover a stipulated penalty for failure to build a standard-gauge railroad over lands of plaintiff and others from Wallace, N. C.', to Delway, N. C. On a former trial and again on tbe present trial there was allegation, with proof, to tbe effect that on 8 July, 1908, plaintiff and other landowners in bis neighborhood had bargained the lumber growing on their land to the defendant, the Wallace Lumber Company, and that the said company,…
1Opinion of the Court
Hoke, J.,
after stating the Case: It is very generally held here and elsewhere that the “grantee in a deed poll, containing covenants and stipulations purporting to bind him, becomes bound for their performance, though he does not execute the deed.” Maynard v. Moore, 76 N. C., 158, approved in Long v. Swindell, 77 N. C., 181; Fort v. Allen, 110 N. C., 191; Bank v. Loughlan, 122 N. C., 613; Burbank v. Pittsburg, 48 N. H., 475; Bowen v. Beck, 94 N. Y., 86; Easter v. R. R., 14 Ohio State, 48; Ga. So. Ry. v. Reeves, 64 Ga., 492; Smith’s Lead. Cases, 9 Amer. Ed., pp. 222-223.
This deed, therefore,…
2Cases cited10 opinions
- Fort v. . AllenSupreme Court of North Carolina · 1892
- Norfleet v. CromwellSupreme Court of North Carolina · 1874
- Georgia Southern Railroad v. ReevesSupreme Court of Georgia · 1880
- Bowen v. . BeckNew York Court of Appeals · 1883
- Wiggins v. Pender.Supreme Court of North Carolina · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Cleveland Realty Company v. HobbsSupreme Court of North Carolina · 1964
- Lowman v. . BallardSupreme Court of North Carolina · 1915
- S. Lowman & Co. v. BallardSupreme Court of North Carolina · 1915
- Barrier v. RandolphSupreme Court of North Carolina · 1963
- Parrott v. . R. R.Supreme Court of North Carolina · 1914
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