Griffin v. Lumber Co.
Supreme Court of North Carolina
ActioN by John D. Griffin and another against the Roanoke Railroad and Lumber Company, beard by Charles M. Cooke and a jury, at the December Term, 1905, of the Superior Court of Martin. Plaintiffs alleged that on the first day of November, 1899, they made a parol agreement with defendant. company to sell to it all of the timber on their land measuring twelve inches at the stump when cut, except the long leaf pine, which was expressly reserved.
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ActioN by John D. Griffin and another against the Roanoke Railroad and Lumber Company, beard by Charles M. Cooke and a jury, at the December Term, 1905, of the Superior Court of Martin. Plaintiffs alleged that on the first day of November, 1899, they made a parol agreement with defendant. company to sell to it all of the timber on their land measuring twelve inches at the stump when cut, except the long leaf pine, which was expressly reserved. Defendant’s agent, with whom the agreement was made, proposed that he would prepare the deed to which plaintiffs assented. Thereafter said agent…
1Opinion of the Court
Connor, J.,
after stating the case: The record discloses a number of exceptions. The substantial merits of the controversy group themselves around three questions, all of which are properly raised upon the record and argued by counsel, orally and in his well considered brief. At the close of the entire evidence, defendant demurred and moved for judgment as of nonsuit pursuant to the statute. The first cause of demurrer is: “Because no entry had been made by defendant or the Dennis Simmons Lumber Company and no timber had been cut by either, nor by anyone under their authority when the action…
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