Hearne v. . Perry
Supreme Court of North Carolina
Appeal by plaintiff from Kerr, J., at December Special Term, 1918, of Chatham. This is an action to recover damages for breach, of contract in refusing to allow the plaintiff to cut and remove certain timber.
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Appeal by plaintiff from Kerr, J., at December Special Term, 1918, of Chatham. This is an action to recover damages for breach, of contract in refusing to allow the plaintiff to cut and remove certain timber. The contract was executed on 18 April, 1914. It conveyed certain timber for $850, of which $50 was to be paid in cash, which was done, and the balance at a certain sum per thousand feet as manufactured, “with full right and privilege for and during the period of two years and six months from the date of commencing sawing the timber on the above described land, provided the party of the…
1Opinion of the CourtAlueN, J.
The contract gives to the plaintiff two years and six months within which to cut and remove the timber, the time to commence “from the date of commencing sawing the timber,” and it therefore became very material to have some stipulation which would prevent the plaintiff from postponing indefinitely the time when he would remove his mill to the land of the defendant and begin his work, and it was for this reason that it was made a provision of the contract that the plaintiff should begin “the same within a reasonable time and move his mill to said land as soon as he finished his present…
2Cases cited4 opinions
- Ducker v. . CochraneSupreme Court of North Carolina · 1885
- Tussey v. Owen.Supreme Court of North Carolina · 1905
- Wildes v. . NelsonSupreme Court of North Carolina · 1911
- Hughes v. Knott.Supreme Court of North Carolina · 1906