Hardy v. . Ward
Supreme Court of North Carolina
ActioN tried before Lyon, J., and a jury, at August Term, 1908, of Duplin. On 22 December, 1905, defendant executed and delivered to plaintiff, trustee for the Carolina Timber Company, a paper writing, whereby, in consideration of one dollar, he sold the company “the right or option of purchasing from said party of the first part, at any time within thirty days from the date of this agreement, in fee simple and with general warranty, at the price hereinafter named, all the…
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ActioN tried before Lyon, J., and a jury, at August Term, 1908, of Duplin. On 22 December, 1905, defendant executed and delivered to plaintiff, trustee for the Carolina Timber Company, a paper writing, whereby, in consideration of one dollar, he sold the company “the right or option of purchasing from said party of the first part, at any time within thirty days from the date of this agreement, in fee simple and with general warranty, at the price hereinafter named, all the pine timber ten inches in diameter. * * * If the said company, its assigns or successors, shall avail themselves of this…
1Opinion of the Court
Connor, J.,
after stating the case : Eliminating immaterial matter, the verdict of the jury, read in the light of the pleadings and the evidence, discloses this case: Defendant, on 22 December, 1905, gave to plaintiff the right or option of purchasing, at any time within thirty days “from the date of the agreement,” 'the timber described in the contract, with the jirovision that if the plaintiff should avail itself of the option “and purchase the timber” thereunder, and should so signify its intention, the defendant should “at once make, execute and acknowledge” a deed for the timber and…
2Cases cited5 opinions
- Weaver v. BurrWest Virginia Supreme Court · 1888
- Trogden v. . WilliamsSupreme Court of North Carolina · 1907
- Watson v. CoastWest Virginia Supreme Court · 1891
- Alston v. . ConnellSupreme Court of North Carolina · 1906
- Scarlett v. . HunterSupreme Court of North Carolina · 1856
3Cited by24 opinions
- Winders v. . KenanSupreme Court of North Carolina · 1918
- Perry v. Southern Surety Co.Supreme Court of North Carolina · 1925
- Chavis v. Southern Life InsuranceSupreme Court of North Carolina · 1986
- Ward v. . AlbertsonSupreme Court of North Carolina · 1914
- Bryant Timber Co. v. WilsonSupreme Court of North Carolina · 1909
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