Sumner v. Graham County Lumber Co.
Supreme Court of North Carolina
ActioN, tried before Lane, J., and a jury, at Spring Term, 1918, of Ohekokee. Tbe defendant lumber company bad two tracks of bemlocb timber to cut and peel. One was known as tbe Oboga boundary, and consisted of some 200 acres of rough mountainous land, almost inaccessible, witb scattered timber, and difficult to work over. Tbe other was known as tbe Laurel Creek Boundary, a .comparatively level tract, witb fine timber and easy of access.
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ActioN, tried before Lane, J., and a jury, at Spring Term, 1918, of Ohekokee. Tbe defendant lumber company bad two tracks of bemlocb timber to cut and peel. One was known as tbe Oboga boundary, and consisted of some 200 acres of rough mountainous land, almost inaccessible, witb scattered timber, and difficult to work over. Tbe other was known as tbe Laurel Creek Boundary, a .comparatively level tract, witb fine timber and easy of access. Defendant offered plaintiffs $2 per thousand feet to cut tbe Oboga boundary and peel and pile tbe bark on it. Plaintiffs refused, but offered to work tbe…
1Opinion of the Court
WalkeR, J.,
after stating the case: The first question is whether plaintiffs could offer proof as to the parol agreement respecting ■ the Laurel Creek land, by which they were allowed to work that tract at the same price fixed in the Choga land contract.
As this is a contract for peeling the timber of its bark and piling it on 'the land for the use of the defendant, it is not such a one as is required to be in writing. Ives v. R. R., 142 N. C., 131. In that case the contract was one for cutting trees and converting them into cordwood, which was to be delivered on defendant’s right of way, and…
2Cases cited17 opinions
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Michael v. . FoilSupreme Court of North Carolina · 1888
- Moffitt v. . ManessSupreme Court of North Carolina · 1889
- Cobb v. Clegg.Supreme Court of North Carolina · 1904
- Basnight v. Southern Jobbing Co.Supreme Court of North Carolina · 1908
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3Cited by5 opinions
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- Schmidt v. BryantSupreme Court of North Carolina · 1960
- Walston v. . LowrySupreme Court of North Carolina · 1937
- Johnson v. . WallinSupreme Court of North Carolina · 1947
- Johnson v. WallinSupreme Court of North Carolina · 1947