Walker v. . Cooper
Supreme Court of North Carolina
Appeal by plaintiff from Cline, J., at April Term, 1912, of BERTIE. This is an action to recover certain personal property, in which the defendant alleges a counterclaim, and demands damages for breach of a logging contract, and this appeal is based upon exceptions relating to the counterclaim, the jury having awarded damages in favor of the defendant.
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Appeal by plaintiff from Cline, J., at April Term, 1912, of BERTIE. This is an action to recover certain personal property, in which the defendant alleges a counterclaim, and demands damages for breach of a logging contract, and this appeal is based upon exceptions relating to the counterclaim, the jury having awarded damages in favor of the defendant. The defendant offered evidence tending to prove that he entered into a contract with the plaintiffs, under which he was to deliver the timber from two tracts of land at Plymouth for $5 per thousand; that the plaintiffs were to furnish him money…
1Opinion of the CourtAllen, J.
Four exceptions are considered in the plaintiffs’ brief, and all others are deemed abandoned.
The first three relate to rulings upon the evidence, and none of these can be sustained.
The evidence of the defendant as to a conversation with a deceased agent of the plaintiffs is not condemned by Revisal, see. 1631 (Roberts v. R. R., 109 N. C., 670; Gwaltney v. Assurance Society, 132 N. C., 925), and it was clearly competent' to prove by the witness Smithwick that he had heard the defendant complain of the failure to furnish iron, in corroboration of the evidence of the defendant, for which purpose…
2Cases cited5 opinions
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- Wilkinson v. . DunbarSupreme Court of North Carolina · 1908
- Gwaltney v. Provident Savings Life Assurance SocietySupreme Court of North Carolina · 1903
- Ives v. RailroadSupreme Court of North Carolina · 1906
- Roberts v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
3Cited by4 opinions
- Fidelity Bank v. Wysong & Miles Co.Supreme Court of North Carolina · 1919
- Bailey v. WestmorelandSupreme Court of North Carolina · 1960
- Beck v. . Wilkins-Ricks CompanySupreme Court of North Carolina · 1923
- Bank v. . Wysong Miles Co.Supreme Court of North Carolina · 1919