Norfolk Lumber Co. v. Smith
Supreme Court of North Carolina
ActioN beard upon proceedings for a restraining order by Plaintiff appealed. Tbis case was beard and decided at tbe September Term, 1907 (146 N. C., 158). A petition to rebear was filed and ordered to be docketed. The facts upon wbicb tbe decision was based are set out in tbe report of tbe case and need not be repeated, except in so far as tbey may be necessary to dispose of tbe petition to rebear.
1DissentClark, C. J.
There is no reason shown, in my judgment, to disturb the unanimous decision of this Court, as set out in the well-considered opinion of the Court in 146 N. C., 158.
The contract provides for “four years to cut, haul and remove. the timber from said lands.” It further provides that “if longer time is desired to remove the timber” two years additional are allowed for that purpose, upon payment of 8-per cent interest, etc. We look in vain in the contract of the parties for any right to “cut” a single stick of timber after the lapse of four years. The evident intent of the parties, as expressed by…
2Cases cited1 opinion
- Norfolk Lumber Co. v. SmithSupreme Court of North Carolina · 1907