Gilbert v. Waccamaw Shingle Co.
Supreme Court of North Carolina
Appeal by plaintiff from Allen, J., at August Term, 1914, of BbüNS-wick. Civil action. Plaintiff, tbe owner of certain land, sued tbe defendant company for wrongfully cutting timber on bis property. Defendant showed a line of deeds purporting to convey to him tbe timber of certain dimensions on tbe land and claimed tbe right to cut and remove tbe timber at any time within twenty years from tbe date of tbe deeds.
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Appeal by plaintiff from Allen, J., at August Term, 1914, of BbüNS-wick. Civil action. Plaintiff, tbe owner of certain land, sued tbe defendant company for wrongfully cutting timber on bis property. Defendant showed a line of deeds purporting to convey to him tbe timber of certain dimensions on tbe land and claimed tbe right to cut and remove tbe timber at any time within twenty years from tbe date of tbe deeds. It was agreed that tbe matters in controversy, in so far as determined, were properly made to depend on tbe correct interpretation of tbe first deed conveying tbe timber, same being a…
1Opinion of the CourtHoke, J.
It is the accepted rule of construction in this and other ■ written contracts that the intent of the parties as embodied in the entire instrument should prevail and that each and every part shall be given effect if it can be done by fair and reasonable intendment, and that in *289ascertaining this intent resort should be bad, primarily, to the language they have employed, and where this language expresses plainly, clearly, and distinctly the meaning of the parties, it must be given effect by the courts, .and other means of interpretation are not permissible. McCallum v. McCallum, post, 310;…
2Cases cited11 opinions
- Walker v. . VentersSupreme Court of North Carolina · 1908
- Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
- Kearney v. . VannSupreme Court of North Carolina · 1911
- Hornthal v. . HowcottSupreme Court of North Carolina · 1911
- Davis v. FrazierSupreme Court of North Carolina · 1909
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