Ives v. Railroad
Supreme Court of North Carolina
ActioN by B. W. Ives against Atlantic and North, Carolina Eailroad Company, heard by Judge B. F. Long at the May Term, 1906, of the Superior Court of Cbaven.
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ActioN by B. W. Ives against Atlantic and North, Carolina Eailroad Company, heard by Judge B. F. Long at the May Term, 1906, of the Superior Court of Cbaven. The action was brought to recover damages for breach of an oral contract between the parties by which the plaintiff agreed to cut for tbe defendant and deliver along its right-of-way fifteen thousand cords of wood, three thousand cords of which were to be cut from the plaintiff’s land and the balance from the land of the defendant. For the three thousand cords the defendant agreed to pay $2 per cord and for the remainder $1.75 per cord;…
1Opinion of the Court
Walker, T.,
after stating tbe case: It may now be taken as settled that growing trees are a part of the realty, and a contract to sell or convey them or any interest in or concerning them must be reduced to writing. They are fructus naturales, and being rooted in the soil are by nature as much annexed to the freehold as any permanent fixture can be. Scorell v. Boxall, 1 Younge & Jervis, 396; Carrington v. Roots, 2 M. & W., 254; Rodwell v. Phillips, 9 M. & W., 501; Evans v. Roberts, 5 B. & C., 829. The course of judicial decision in England upon this subject, from the time of the dictum of…
2Cases cited21 opinions
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- State v. . HensleySupreme Court of North Carolina · 1886
- Smith v. N. C. RailroadSupreme Court of North Carolina · 1873
- Hawkins v. Lumber Co.Supreme Court of North Carolina · 1905
16 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- R. R. v. . R. R.Supreme Court of North Carolina · 1908
- Atlantic & North Carolina Railroad v. Atlantic & North Carolina Co.Supreme Court of North Carolina · 1908
- Drake v. . HowellSupreme Court of North Carolina · 1903
- France v. Deep River Logging Co.Washington Supreme Court · 1914
- Midyette v. GrubbsSupreme Court of North Carolina · 1907
19 more not listed; retrieve them via the Exa API.