Eureka Lumber Co. v. Whitley
Supreme Court of North Carolina
Appeal by plaintiff from WhéSbee, J., at May Term, 1913, of Beaufort. This action was' brought to compel the defendant to execute a deed for the renewal of a timber contract, which had expired.
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Appeal by plaintiff from WhéSbee, J., at May Term, 1913, of Beaufort. This action was' brought to compel the defendant to execute a deed for the renewal of a timber contract, which had expired. On 2 January, 1905, William' J. Outlay, being the owner of a tract of land, conveyed to the plaintiff the timber thereon, with the privilege of cutting and removing the same within seven years from the date of the deed, that is, on or before 2 'January, 1912. There was a clause for the extension of the time, at the oyition of plaintiff, for the term of three years, provided notice of the intention to…
1Opinion of the Court
Waleer, J.,
after stating the case: There can be no doubt now that the plaintiff, in order to avail itself of the privilege to extend the time of cutting, must have given notice and made a proper tender of the consideration therefor before the expiration of the first period allowed for cutting and removing the timber, and this is recently so decided in Rountree v. Cohn-Bock Co., 158 N. C., 153. See Bateman v. Lumber Co., 154 N. C., 248; Powers v. Lumber Co., ibid., 405; Product Co. v. Dunn, 142 N. C., 471. A unilateral contract of this kind, binding the owner' of the land without any…
2Cases cited3 opinions
- Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
- Product Company v. Dunn.Supreme Court of North Carolina · 1906
- Rountree v. . Cohn-Bock Co.Supreme Court of North Carolina · 1912
3Cited by7 opinions
- Wachovia Bank & Trust Co., N.A. v. RubishSupreme Court of North Carolina · 1982
- Parker v. . R. R.Supreme Court of North Carolina · 1921
- Parker v. Seaboard Air Line RailwaySupreme Court of North Carolina · 1921
- Pope v. GoetheSupreme Court of South Carolina · 1935
- Morton v. Pine Lumber Co.Supreme Court of North Carolina · 1919
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