Zimmerman v. Lynch.
Supreme Court of North Carolina
ActioN by N. R. Zimmerman against‘W. Lyncb, beard by Judge George II. Brown, 'at September Term, 1901, of the Superior Court of Pasquotank County. From a judgment for the defendant, the plaintiff appealed.
1Opinion of the CourtClark, J.
The first cause of action alleges that the defendant sold the plaintiff a certain quantity of standing timber, but defendant’s title proved defective, and plaintiff was prevented from cutting the timber by legal proceedings instituted by the real owner.
The second cause of action is that defendant agreed that plaintiff should put in a tram-road, that the same was built at great expense, which is a loss to the plaintiff since he can not get the timber.
The defendant answered, denying each of the allegations of the complaint, but further moved to dismiss the action for that the complaint did not…
2Cases cited2 opinions
- Foy v. . HaughtonSupreme Court of North Carolina · 1881
- Huntley v. . WaddellSupreme Court of North Carolina · 1851
3Cited by4 opinions
- Queen v. SiskSupreme Court of North Carolina · 1953
- Walton Land and Timber Co. v. LongSupreme Court of Florida · 1939
- Turpin v. County of JacksonSupreme Court of North Carolina · 1945
- Guy v. First Carolinas Joint Stock Land Bank of ColumbiaSupreme Court of North Carolina · 1933