Scarborough v. Calypso Veneer Company

92 S.E.2d 435 (1956)

244 N.C. 1

Eugenia SCARBOROUGH, Vivian Scarborough and William S. Scarborough

v.

CALYPSO VENEER COMPANY.

No. 308.

Supreme Court of North Carolina.

May 2, 1956.

Jones, Reed & Griffin, Kinston, for plaintiffs, appellants.

James N. Smith, Goldsboro, for defendant, appellee.

HIGGINS, Justice.

The plaintiffs' only assignment of error is based on their exception to the judgment of nonsuit. The real controversy arose over provision (g) of the timber deed and whether the defendant had violated that provision by cutting over the land, or at least substantial parts of it, a second time.

The…