Legal Opinion

Albemarle Lumber Co. v. Wilcox

Supreme Court of North Carolina

Decided February 15, 1890PublishedCited by 4 opinions

This was an action brought to recover two cargoes of lumber seized by the defendant, who was Sheriff, by virtue of an attachment, and tried before Brown, J., at the Fall Term, 1889, of the Superior Court of Pasquotank County. The testimony was as follows: Calvin Conard testified as follows to contract, dated July 26, 1888: “I contracted in said writing to sellplaintiff 4,500,000 feet of lumber.

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This was an action brought to recover two cargoes of lumber seized by the defendant, who was Sheriff, by virtue of an attachment, and tried before Brown, J., at the Fall Term, 1889, of the Superior Court of Pasquotank County. The testimony was as follows: Calvin Conard testified as follows to contract, dated July 26, 1888: “I contracted in said writing to sellplaintiff 4,500,000 feet of lumber. In pursuance thereof, I shipped two cargoes last January, on schooners Hill and Scud, from Smith’s Creek, Pamlico County, at mills of Harrison & Betts. The Hill’s cargo was shipped January 29, 1889,…

1Opinion of the CourtAvery, J.

after stating the facts: We concur with the Judge below in the opinion that, if the testimony was true or was believed by the jury, the title to the lumber vested in the plaintiff when it was placed on board the Company’s schooners at Smith’s Landing.

“ A sale is the transfer of the absolute or general property in a thing for money,” or anything of value. When the property purporting to be sold is, so separated as to be fully identified and distinguished from other property of like kind, and the price is certain, or by the terms of the agreement can be ascertained (as in our case, by…

2Cases cited2 opinions

  1. Wittkowsky v. WassonSupreme Court of North Carolina · 1874
  2. Cohen v. . StewartSupreme Court of North Carolina · 1887

3Cited by4 opinions

  1. Buskirk Bros. v. PeckWest Virginia Supreme Court · 1905
  2. Jules Levy & Bro. v. A. Mautz & Co.California Court of Appeal · 1911
  3. Noyes v. MarlottCourt of Appeals for the Ninth Circuit · 1907
  4. Fidelity & Casualty Co. v. FrazierDistrict Court, W.D. North Carolina · 1961

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