Bissett v. Bryant Lumber Co.
Supreme Court of North Carolina
Appeal from Peebles, J., at November Term, 1910, of WlLSON. Tbis is an action to recover $164.66, alleged to be due for nine cars of lumber sold by tbe plaintiff to the defendant. Eight cars of the lumber were shipped by rail to the mill of the defendant, and one ear was shipped elsewhere.
Read the full summary
Appeal from Peebles, J., at November Term, 1910, of WlLSON. Tbis is an action to recover $164.66, alleged to be due for nine cars of lumber sold by tbe plaintiff to the defendant. Eight cars of the lumber were shipped by rail to the mill of the defendant, and one ear was shipped elsewhere. The principal controversy between the parties was as to the quantity of lumber in the shipment of eight cars, the defendant claiming it was 10,669 feet less than the quantity claimed by the plaintiff. The plaintiff offered evidence tending to prove that the lumber was measured and counted as it was placed…
1Opinion of the Court
Alijot, J.,
after stating tbe case: In our opinion, tbe evidence excluded by tbe court was important and material.
Tbe evidence of tbe quantity of lumber on tbe cars at tbe mill was not conclusive as to tbe quantity shipped by tbe plaintiff, but it was a fact wbicb, if established according to tbe defendant’s contention, would bave been entitled to consideration by tbe jury.
Tbe witness Burnette bad testified tbat be counted and measured tbe lumber on tbe cars, and tbat it aggregated 85,638 feet.
There were eight cars of tbe lumber, necessarily of various sizes and dimensions, and tbe plaintiff…
2Cases cited1 opinion
- Morrison v. WhitesideCourt of Appeals of Maryland · 1861
3Cited by3 opinions
- State v. EwertSouth Dakota Supreme Court · 1928
- Carnegie Dock & Fuel Co. v. Midland Lumber & Coal Co.Supreme Court of Minnesota · 1921
- Franks v. JirdonNebraska Supreme Court · 1944