Bryant Timber Co. v. Wilson
Supreme Court of North Carolina
Appeal by plaintiff from W. B. Allen, J., June Term, 1909, of SAMPSON. These issues were submitted, without objection: 1. “Did the plaintiff, within thirty days from the 12th day of April, 1907, notify the defendant John E. 'Wilson of its intention' to purchase the timber referred to in the complaint ?” Answer: “Yes.” 2. “If so, was the intention to purchase said timber coupled with the condition that the title was good?” Answer: “No.” 3. “Has the plaintiff been at all times…
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Appeal by plaintiff from W. B. Allen, J., June Term, 1909, of SAMPSON. These issues were submitted, without objection: 1. “Did the plaintiff, within thirty days from the 12th day of April, 1907, notify the defendant John E. 'Wilson of its intention' to purchase the timber referred to in the complaint ?” Answer: “Yes.” 2. “If so, was the intention to purchase said timber coupled with the condition that the title was good?” Answer: “No.” 3. “Has the plaintiff been at all times ready, able and willing to perform its contract on its part ?” Answer: “Yes.” 4. “Has the defendant John E. 'Wilson…
1Opinion of the CourtBrown, J.
On 12 April, 1907, the defendants executed for a nominal consideration a contract, in writing, commonly called an option, whereby the defendants bound themselves to sell for a fixed .price and for a definite period the timber growing and to be grown on certain lands described therein.' Within the time required by the option the plaintiff gave due notice to defendant of its intention to purchase the timber and of its readiness to comply in all respects with the terms of purchase, thereby converting the written offer of the plaintiffs to sell into a valid and binding contract by air…
2Cases cited13 opinions
- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
- Bunch v. Elizabeth City Lumber Co.Supreme Court of North Carolina · 1903
- Hawkins v. Lumber Co.Supreme Court of North Carolina · 1905
- Kares v. CovellMassachusetts Supreme Judicial Court · 1902
- Mizell v. . BurnettSupreme Court of North Carolina · 1857
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Ward v. . AlbertsonSupreme Court of North Carolina · 1914
- Thomason v. . BescherSupreme Court of North Carolina · 1918
- Morris v. . BasnightSupreme Court of North Carolina · 1920
- Byrd v. FreemanSupreme Court of North Carolina · 1960
- Burkhead v. FarlowSupreme Court of North Carolina · 1966
15 more not listed; retrieve them via the Exa API.