Ollis v. Drexel Furniture Co.
Supreme Court of North Carolina
Civil ACTION, tried before Lane. J., and a jury, at October Term, 1916, of Avery. Plaintiffs and defendant entered into a contract, in the form of a deed, whereby the former conveyed to the latter all the merchantable timber on a certain area of land in said county, containing 237 acres, with the right or privilege of cutting and hauling the same within four years and six months, and a right of way over the land for hauling other timber purchased by the vendee, upon the…
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Civil ACTION, tried before Lane. J., and a jury, at October Term, 1916, of Avery. Plaintiffs and defendant entered into a contract, in the form of a deed, whereby the former conveyed to the latter all the merchantable timber on a certain area of land in said county, containing 237 acres, with the right or privilege of cutting and hauling the same within four years and six months, and a right of way over the land for hauling other timber purchased by the vendee, upon the consideration that the defendant should pay the plaintiffs $2.50 per thousand feet, board measure, for all merchantable…
1Opinion of the Court
WálkeR, J.,
after stating the case: The defendant demurred to the complaint ore tenus, because, under the contract, the damages, if any, should have been arbitrated; but 'a demurrer admits all facts well pleaded, and in this complaint it is alleged how much timber was cut and the value thereof, and as this is admitted by the demurrer, there was no dispute at that stage of the ease, or no disagreement, as to the amount of recovery, if there was any liability of defendant for the lumber; so that arbitration was necessary, as it was conditional upon a dispute as to the amount. This defense, if…
2Cases cited8 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
- Strasson v. MontgomeryWisconsin Supreme Court · 1873
- Hornthal v. . HowcottSupreme Court of North Carolina · 1911
- Lambert Hoisting Engine Co. v. PaschalSupreme Court of North Carolina · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Eaton v. . DoubSupreme Court of North Carolina · 1925
- Manning v. Atlantic & Yadkin Railway Co.Supreme Court of North Carolina · 1924
- Union Trust Co. v. WilsonSupreme Court of North Carolina · 1921
- Austin v. . BrownSupreme Court of North Carolina · 1926
- Babb v. Wade Hampton Golf Club, Inc.District Court, W.D. North Carolina · 2024
1 more not listed; retrieve them via the Exa API.