Younce v. Broad Road Lumber Co.
Supreme Court of North Carolina
ActioN heard on demurrer to plaintiff’s complaint, before Peebles, J., at October Term, 1907, of Ruthebeoeix The court overruled the demurrer, holding that the* same was frivolous, and for that reason declined to allow defendant to answer same. Defendant excepted and appealed.
1Opinion of the CourtTIoice, J.
The plaintiff filed a verified complaint and alleged that he, with one Pink Presnell, had entered into a valid contract with one J. Middleby, Jr., to cut into lumber all the merchantable timber on a tract of land known as .the Listenbury tract, containing about 1,203 acres, at so much per thousand feet, and plaintiff had become the sole owner of Presnell’s interest in the contract, and filed the contract as an exhibit, making the same a part of his complaint; that plaintiff entered on the performance of the contract and had been and was ready and willing to carry out the same according to tbe…
2Cases cited3 opinions
- Atlantic & North Carolina Railroad v. Atlantic & North Carolina Co.Supreme Court of North Carolina · 1908
- Biggers v. . MatthewsSupreme Court of North Carolina · 1908
- George W. Swepson v. . John C. HarveySupreme Court of North Carolina · 1872
3Cited by6 opinions
- Rose v. Vulcan Materials CompanySupreme Court of North Carolina · 1973
- R. R. v. . R. R.Supreme Court of North Carolina · 1908
- Corvallis & Alsea River R. v. Portland E. & E. Ry. Co.Oregon Supreme Court · 1917
- Herring v. Wallace Lumber Co.Supreme Court of North Carolina · 1913
- W. H. Putegnat Co. v. Fidelity & Deposit Co. of MarylandTexas Commission of Appeals · 1930
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