Patton v. Sinclaire Lumber Co.
Supreme Court of North Carolina
Civil ACTION, tried before Bay, J., and a jury, at April Term, 1919, of BUNCOMBE. Tbe action was brought to recover damages alleged to have resulted from a breach, on the part of the defendant, of a contract between the parties in regard to the cutting, logging, and manufacturing into lumber of certain standing timber on land in the county of McDowell, jiear Old Fort, being approximately 4 to 5 miles from that place.
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Civil ACTION, tried before Bay, J., and a jury, at April Term, 1919, of BUNCOMBE. Tbe action was brought to recover damages alleged to have resulted from a breach, on the part of the defendant, of a contract between the parties in regard to the cutting, logging, and manufacturing into lumber of certain standing timber on land in the county of McDowell, jiear Old Fort, being approximately 4 to 5 miles from that place. The contract was in writing, and its execution was admitted at the trial of the cause. The portions of the contract material to the controversy are: “1. The contractor shall cut…
1Opinion of the Court
Walker, J.,
after stating the relevant facts as above: There are numerous exceptions stated in this case, but we will confine ourselves to only one of them, as we think that the court erred in its ruling and instruction covered by that exception. The contract is plainly and explicitly worded, and there is no doubt as to its meaning. The defendant was required to furnish a piling ground and sidetrack at Old Fort for stacking the lumber hauled by the plaintiff to that point and for convenience of transportation, but no particular place for the sidetrack and piling ground is specified, and…
2Cases cited8 opinions
- Moffitt v. . ManessSupreme Court of North Carolina · 1889
- Nathan v. Charlotte Street Railway Co.Supreme Court of North Carolina · 1896
- Young v. . JeffreysSupreme Court of North Carolina · 1838
- Spragins v. . WhiteSupreme Court of North Carolina · 1891
- Knitting Mills v. . Guaranty Co.Supreme Court of North Carolina · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Root v. Allstate Insurance CompanySupreme Court of North Carolina · 1968
- Jones v. . CasstevensSupreme Court of North Carolina · 1942
- Biggers v. EvangelistCourt of Appeals of North Carolina · 1984
- Wallace v. BellamySupreme Court of North Carolina · 1930
- Wallace v. . BellamySupreme Court of North Carolina · 1930
16 more not listed; retrieve them via the Exa API.