Dunkart v. . Rinehart
Supreme Court of North Carolina
MotxoN for injunction heard at chambers in Asheville on the 14 i h of March, 1882, (in an action pending in Haywood Superior Court) before Gilliam, J. The plaintiff in his complaint alleges that on the 23d of February, 1881, the defendant, Rinehart, sold to him a number of walnut trees standing on the land of said defendant, in the county of Haywood, and at the time of the sale reduced the contract of sale to writing, a copy of which is as follows : I, William Rinehart, of…
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MotxoN for injunction heard at chambers in Asheville on the 14 i h of March, 1882, (in an action pending in Haywood Superior Court) before Gilliam, J. The plaintiff in his complaint alleges that on the 23d of February, 1881, the defendant, Rinehart, sold to him a number of walnut trees standing on the land of said defendant, in the county of Haywood, and at the time of the sale reduced the contract of sale to writing, a copy of which is as follows : I, William Rinehart, of Waynesville, N. 0., agree to sell unto’ Henry Dunkart of Asheville, N. C., any of my black walnut trees, not exceeding…
1Opinion of the CourtAshe, J.
The contest between the parties is about certain walnut trees .to which both parties claim title.
The plaintiff sues for a specific performance of the contract set out in the complaint and for damages for a breach thereof, and that the defendants in the meantime be enjoined from cutting and carrying away the walnut timber described in the complaint, until the plaintiff shall have removed the trees claimed by him.
Whether the title to the trees passed by the contract between the plaintiff and Rinehart, is an immaterial inquiry in the case. For conceding that the contract was an absolute sale of…
2Cases cited1 opinion
- McCormick v. . NixonSupreme Court of North Carolina · 1880
3Cited by6 opinions
- Bond v. . WoolSupreme Court of North Carolina · 1890
- Griffin v. Southern Railway Co.Supreme Court of North Carolina · 1909
- L. Levenson & Co. v. ElsonSupreme Court of North Carolina · 1883
- Frink v. . StewartSupreme Court of North Carolina · 1886
- Western North Carolina Railroad v. Georgia & North Carolina RailroadSupreme Court of North Carolina · 1883
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