Brown v. Catawba Lumber Co.
Supreme Court of North Carolina
Civil action, to recover damages for breach of contract, tiied before Hoke, J., and a jury, at April Term, 1895, of New Hanover Superior Count. The issues submitted were : “(1) Did defendant, on or about June 5, 1894, contract and agree to give plaintiff employment as a band sawyer? Answer: Y es.
Read the full summary
Civil action, to recover damages for breach of contract, tiied before Hoke, J., and a jury, at April Term, 1895, of New Hanover Superior Count. The issues submitted were : “(1) Did defendant, on or about June 5, 1894, contract and agree to give plaintiff employment as a band sawyer? Answer: Y es. “(2) Did defendant wrongfully violate such contract, the plaintiff himself' being in no default? Answer: No. “(3) What damage is plaintiff entitled to recover? [No response to this issue.]” Tiie plaintiff testified as follows : C£On May 28, 1894, I was sawyer at the Par melee mills, at Jacksonville,…
1Opinion of the Court
Avery, J.:
The plaintiff brought suit to recover for a breach by the defendant of a mutual agreement theretofore made between them, by the terms of which the defendant was to pay the plaintiff, as bandsawyer at its mill according to the number of feet of boards sawed per day, $4.00 if the product should be 35,000 feet per da^, $3.00 if not more than'30,000, and $2.50 if not more than 25,000 feet, and assured the' plaintiff that it had on hand over live million feet of logs, and that if the mill should be speeded up to its full capacity it would enable the plaintiff to earn $4.00 per day, which…
2Cases cited2 opinions
- Porter v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
- Mitchell v. . BrownSupreme Court of North Carolina · 1883
3Cited by3 opinions
- Palmer v. . LowderSupreme Court of North Carolina · 1914
- McKinney v. . MatthewsSupreme Court of North Carolina · 1914
- Lipschutz v. Weatherly.Supreme Court of North Carolina · 1906