Bowman v. . Blankenship
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at May'Term, 1933, of Catawba. Civil action to recover damages for alleged breach of contract to cut timber.
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Appeal by defendant from Daniels, J., at May'Term, 1933, of Catawba. Civil action to recover damages for alleged breach of contract to cut timber. There was evidence on part of plaintiff tending to show that, in September, 1909, he made a contract to cut or have cut for defendants the timber, standing on a certain tract of land of about 100 acres at a specified price per thousand feet, etc., and was to have two years to cut same; the defendants not desiring to have any of the timber cut in the warm weather; that plaintiff, having employed competent workmen, sawyers, etc., entered on the…
1Opinion of the Court
Hoke, J.,
after stating the case: It was urged for erro» on the part of defendants that certain declarations of plaintiff to third persons were admitted in corroboration of his testimony-given at the trial.
While there is conflict of authority elsewhere in regard to testimony of this character, its admissibility in this jurisdiction has been too long established to permit of further question. Allred v. Kirkman, 160 N. C., 392; S. v. Exum, 138 N. C., 612-13; Jones v. Jones, 80 N. C., 246. Speaking to this question in Exums case, supra, the Court said:
“The courts of this country are not in accord…
2Cases cited6 opinions
- State v. Exum.Supreme Court of North Carolina · 1905
- Wilkinson v. . DunbarSupreme Court of North Carolina · 1908
- Jones v. . JonesSupreme Court of North Carolina · 1879
- State v. . WhitfieldSupreme Court of North Carolina · 1885
- State v. . CraineSupreme Court of North Carolina · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. BrittSupreme Court of North Carolina · 1977
- State v. PattersonSupreme Court of North Carolina · 1975
- State v. WarrenSupreme Court of North Carolina · 1976
- State ex rel. Freeman v. PonderSupreme Court of North Carolina · 1951
- State v. SaulsSupreme Court of North Carolina · 1976
15 more not listed; retrieve them via the Exa API.