Legal Opinion

Atlantic & North Carolina Railroad v. Atlantic & North Carolina Co.

Supreme Court of North Carolina

Decided April 15, 1908PublishedCited by 47 opinions

Actiow tried before Lyon, J., at November Term, 1907, of CRAVEN. A jury trial having been formally waived by the parties, the court heard the testimony and found the facts as follows: 1. The plaintiff is a corporation duly organized and existing under the laws of North Carolina. 2. The defendant is a corporation duly organized and existing under the laws of North Carolina. 3. On 1 September, A. D. 1904, the plaintiff made, duly • executed and delivered a lease to the Howland…

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Actiow tried before Lyon, J., at November Term, 1907, of CRAVEN. A jury trial having been formally waived by the parties, the court heard the testimony and found the facts as follows: 1. The plaintiff is a corporation duly organized and existing under the laws of North Carolina. 2. The defendant is a corporation duly organized and existing under the laws of North Carolina. 3. On 1 September, A. D. 1904, the plaintiff made, duly • executed and delivered a lease to the Howland Improvement Company. A copy of said lease is hereto annexed and made a part of these findings of fact. 4. The defendant…

1Opinion of the Court

Hoke, J.,

after stating the case: The contract by reason of Avhich this recovery was had and its effect and binding force as between the original parties were construed and determined in Ives v. Railroad, 142 N. C., 131, and it was there held that the contract was for the cutting and delivery to the present plaintiff on its right of way a specified amount of cord wood, and was not therefore within the statute of frauds requiring that contracts concerning land should be in writing. The judgment obtained by Ives in that case having been paid off and discharged, the plaintiff instituted this…

2Cases cited20 opinions

  1. Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
  2. Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
  3. Boston Ice Co. v. PotterMassachusetts Supreme Judicial Court · 1877
  4. Merriam v. United StatesSupreme Court of the United States · 1883
  5. Rochester Lantern Co. v. Stiles & Parker Press Co.New York Court of Appeals · 1892

15 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. Jones v. . CasstevensSupreme Court of North Carolina · 1942
  2. Gulf States Creosoting Co. v. LovingCourt of Appeals for the Fourth Circuit · 1941
  3. Corvallis & Alsea River R. v. Portland E. & E. Ry. Co.Oregon Supreme Court · 1917
  4. Imperial Refining Co. v. Kanotex Refining Co.Court of Appeals for the Eighth Circuit · 1928
  5. King v. . DavisSupreme Court of North Carolina · 1925

42 more not listed; retrieve them via the Exa API.

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