Dorsey v. North Carolina Talc & Mining Co.
Supreme Court of North Carolina
ActioN for damages -for breach of contract, heard before Lane, J., at Spring Term, 1918, of SwaiN, upon exceptions of defendant to report of referee T. J. Johnston. The court overruled exceptions and confirmed report. From judgment for plaintiff defendant appealed.
1Opinion of the CourtBeowN, J.
The report of the referee is a very clear and intelligent statement of the controversy, and from the findings we gather these facts, supported by ample evidence:
The defendant conveyed to plaintiff, with covenants of seisin and warranty, certain timber on a boundary of land, particularly described, lying in Swain County, in consideration of one thousand dollars cash and other considerations expressed in the written contract. The plaintiff contracted to cut and manufacture into'lumber the kind of timber conveyed and to pay stumpage as it was cut. Prior to execution of the-contract defendant…
2Cases cited2 opinions
- Wilkinson v. . DunbarSupreme Court of North Carolina · 1908
- Maxwell v. Wayne National BankSupreme Court of North Carolina · 1918
3Cited by17 opinions
- State ex rel. Robertson v. JacksonSupreme Court of North Carolina · 1922
- Caldwell v. . RobinsonSupreme Court of North Carolina · 1920
- Kenney v. Balsam Hotel Co.Supreme Court of North Carolina · 1927
- Sanders v. . GriffinSupreme Court of North Carolina · 1926
- Battle v. MercerSupreme Court of North Carolina · 1924
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