Fort v. . Penny
Supreme Court of North Carolina
Civil ACTION, tried before Robinson, J., and a jury,, at October Term, 1897, of Wake Superior Court. On the trial it appeared that the defendant’s intestate was the owner of a large, well-wooded tract of land, sixteen miles from his residence, and six miles from the city of Raleigh, where the plaintiff resided.
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Civil ACTION, tried before Robinson, J., and a jury,, at October Term, 1897, of Wake Superior Court. On the trial it appeared that the defendant’s intestate was the owner of a large, well-wooded tract of land, sixteen miles from his residence, and six miles from the city of Raleigh, where the plaintiff resided. There was evidence that sometime before his death, the said Seth Penny and the plaintiff entered into a contract, by the terms of which plaintiff was to sell and superintend the cutting and hauling of a large quantity of wood from said land for the said Seth Penny, who agreed to allow…
1Opinion of the Court
Faircloth, 0. J.:
On June 7, 189Y plaintiff sued defendant before a Justice of the Peace for $199.,57 on a contract for cutting, hauling and selling wood, taken from defendant’s land. On the same day the plaintiff sued the defendant for $75.83 before some Justice of the Peace for money advanced, at the defendant’s request, in executing said contract. The defendant pleaded the general issue to each action — no plea to the jurisdiction was filed, and by consent the two cases were tried together. After trial, an appeal was taken, and in the Superior Court the two cases were consolidated by…
2Cases cited2 opinions
- Blackwell v. Dibbrell Bros. & Co.Supreme Court of North Carolina · 1889
- Magruder v. . RandolphSupreme Court of North Carolina · 1877
3Cited by3 opinions
- Copland v. Wireless Telegraph Co.Supreme Court of North Carolina · 1904
- Poole v. . PooleSupreme Court of North Carolina · 1936
- Poole v. PooleSupreme Court of North Carolina · 1936