Legal Opinion

Southerland v. . Brown

Supreme Court of North Carolina

Decided October 9, 1918PublishedCited by 5 opinions

ActioN tried before Calvert, J., and a jury, at March Term, 1918, of Duplin. Plaintiff brought this action to obtain the possession of 117,570 feet of lumber which was manufactured by the defendant at his mill under contract with the plaintiff, who caused claim and delivery process to be issued, under which the 117,500 feet of lumber was seized and delivered by the sheriff to him, the defendant not having replevied the same.

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ActioN tried before Calvert, J., and a jury, at March Term, 1918, of Duplin. Plaintiff brought this action to obtain the possession of 117,570 feet of lumber which was manufactured by the defendant at his mill under contract with the plaintiff, who caused claim and delivery process to be issued, under which the 117,500 feet of lumber was seized and delivered by the sheriff to him, the defendant not having replevied the same. The defendant pleaded specially that the plaintiff was indebted to him under the lumber contract in the sum of $543.66. The real difference between the parties consists…

1Opinion of the Court

WalKee, J.,

after stating the case as above: The plaintiff assigns two errors: First, that the court allowed the defendant $8 instead of $6 per thousand feet for the lumber; and, second, that the court charged him with one-half of the costs, exclusive of the costs in the claim and delivery proceeding.

As to the charge for the lumber, we are of the opinion that defendant was entitled only to $6 per thousand feet. The contract provided that this amount should be paid, that is, $6 per thousand feet, when the lumber was manufactured and “racked up” on the yard, and that the remaining $2 per…

2Cases cited4 opinions

  1. Farmer v. . WillardSupreme Court of North Carolina · 1876
  2. Threadgill v. Commissioners of Anson CountySupreme Court of North Carolina · 1895
  3. State v. . CarltonSupreme Court of North Carolina · 1890
  4. Huntsman Bros. v. Linville River Lumber Co.Supreme Court of North Carolina · 1898

3Cited by5 opinions

  1. Fidelity Bank v. Wysong & Miles Co.Supreme Court of North Carolina · 1919
  2. State v. . WheelerSupreme Court of North Carolina · 1923
  3. Ritchie v. . RitchieSupreme Court of North Carolina · 1926
  4. Stahl v. Erie Delivery Co., Pennsylvania Court of Common Pleas, Jefferson County1937
  5. Bank v. . Wysong Miles Co.Supreme Court of North Carolina · 1919

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