Purdom Naval Stores Co. v. Knight
Supreme Court of Georgia
Injunction. Before Judge Mitchell. Berrien superior court. August 23, 1907. W. C. Ivnight instituted suit against the Purdom Naval Stores Company, seeking to enjoin that, company from boxing and working tlie pine trees on certain described land for turpentine purposes.
Read the full summary
Injunction. Before Judge Mitchell. Berrien superior court. August 23, 1907. W. C. Ivnight instituted suit against the Purdom Naval Stores Company, seeking to enjoin that, company from boxing and working tlie pine trees on certain described land for turpentine purposes. It was alleged, that the defendant was attempting to box and work the trees under and by virtue of authority of a certain grant previously made by the plaintiff to the defendant, wherein it was provided, among other things, that “the said timber is to ' be boxed during the season of 1905 or 1906,” and that “said right for…
1Opinion of the CourtAtkinson, J.
1. From the statement of facts it will be-readily seen that the controlling question is upon the .construction of the contract. If it affirmatively appears from the petition that defendant did not overreach the terms of the contract, the plaintiff would have no right to the injunction, and a general demurrer should receive favorable consideration. In fixing the date at which the term should begin, the parties stipulated tor-no definite day, but provided that the time should begin “at the time each lot is boxed,” and provided that the timber “is to be boxed during the season of 1905 or 1906.”…
2Cases cited1 opinion
- Jordan v. Kelly & Bros.Supreme Court of Georgia · 1879
3Cited by5 opinions
- Hall v. HallSupreme Court of Georgia · 1938
- Kinney v. CrowSupreme Court of Georgia · 1938
- Bradley v. Lithonia & Arabia Mountain RailroadSupreme Court of Georgia · 1914
- White v. LeeSupreme Court of Virginia · 1926
- Shaw v. MusgroveSupreme Court of Georgia · 1932