Mercer v. Frank Hitch Lumber Co.
Supreme Court of North Carolina
Civil ACTION, tried before Allen, J., and a jury, at November Term, 1916, of Edgecombe. Tbe action was to recover a balance claimed to be due on a sale of timber, wbieb defendant contended bad been fully paid for.
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Civil ACTION, tried before Allen, J., and a jury, at November Term, 1916, of Edgecombe. Tbe action was to recover a balance claimed to be due on a sale of timber, wbieb defendant contended bad been fully paid for. On tbe trial there was evidence of tbe part of plaintiff tending to show, among other things, that in May, 1909, be sold to defendant tbe timber to be cut from a tract of land in said county, containing 75 to 100 acres; that tbe timber in question was very large, long-straw pine and was to be paid for at $3 per thousand, and tbe amount of timber bad been estimated by witness at…
1Opinion of the CourtHoke, J.
Objection is made to the validity of the trial for that the court excluded the written memoranda of Howard, deceased, purport ing to be a measurement of logs hauled from tbe land in controversy and left at defendant’s mill by tbe railroad’ company, tbe memoranda described and referred to by tbe witness Frank Hitcb. It does not clearly appear from tbe record tbe exact amount of timber tbat these memoranda would bave disclosed, but, in any event, we tbink tbey were properly excluded. If tbey included tbe same or a less quantity tban defendant’s books showed, tbey were without practical…
2Cases cited4 opinions
- Chaffee & Co. v. United StatesSupreme Court of the United States · 1874
- Kerr v. . SandersSupreme Court of North Carolina · 1898
- Aydlett v. . BrownSupreme Court of North Carolina · 1910
- State Ex Rel. Ray v. CastleSupreme Court of North Carolina · 1878
3Cited by14 opinions
- Perry v. Southern Surety Co.Supreme Court of North Carolina · 1925
- Walker v. . BurtSupreme Court of North Carolina · 1921
- E. I. Du Pont De Nemours & Co. v. TomlinsonCourt of Appeals for the Fourth Circuit · 1924
- DeLoache v. DeLoacheSupreme Court of North Carolina · 1925
- Sylva Supply Co. v. WattSupreme Court of North Carolina · 1921
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