Ritter Lumber Co. v. Moffitt
Supreme Court of North Carolina
Appeal from Cline, J., at Spring Term, 1911, of MagoN. Tbe plaintiff alleges in its complaint that on 2 May, 1908, the defendant executed his five notes, by which he promised to pay the plaintiff, in the aggregate, $987.84, and that on the same day he executed certain chattel mortgages to secure the payment of the same.
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Appeal from Cline, J., at Spring Term, 1911, of MagoN. Tbe plaintiff alleges in its complaint that on 2 May, 1908, the defendant executed his five notes, by which he promised to pay the plaintiff, in the aggregate, $987.84, and that on the same day he executed certain chattel mortgages to secure the payment of the same. The defendant, in his answer, admits the execution of the notes and mortgages, and alleges, by way of counterclaim, that he 'and the plaintiff had entered into a logging contract, which the plaintiff had failed to perform, and that he had been damaged thereby. Separate issues…
1Per curiam
There are seven exceptions in the record, all of which are formal, except three to parts of the charge.
The first of these must be disregarded, because it is to the whole charge on the .third issue, which covers three and a half pages of the printed record, and contains several distinct propositions, and the errors complained of are not pointed out. Gwaltney v. Assurance Society, 132 N. C., 929.
The second is to the part of the charge on the third issue, as follows: “The defendant obligated himself in this contract to skid logs, and on double-deck skids, along the skidways over the tram, and,…
2Cited by6 opinions
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- Powell v. DanielSupreme Court of North Carolina · 1952
- Merchants National Bank v. PackSupreme Court of North Carolina · 1919
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