Garland v. Linville Improvement Co.
Supreme Court of North Carolina
Appeal by plaintiff from McElroy, J., at July Term, 1922, of Avery. Tbis is an action for tbe recovery of damages for breach of a contract for cutting and logging a certain boundary of timber, tbe description of wbicb tract is set out in tbe record. Verdict for tbe plaintiff for $300. Appeal by plaintiff.
1Opinion of the CourtClark, C. J.
Tbis is an action for tbe recovery of damages by reason of a breach of contract on tbe part of tbe defendants.
There are four separate and distinct contracts alleged in tbe complaint, and four separate and distinct breaches of these contracts are alleged.
Tbe lower court permitted tbe second and third .contracts, and tbe breaches of these second and third contracts, to be considered by tbe jury, and allowed tbe jury to assess tbe damages sustained by reason thereof. No exception to tbe ruling of tbe court, nor to tbe verdict of tbe jury, are taken, or assigned, so far as tbe trial on tbe second…
2Cases cited5 opinions
- Nissen v. Genesee Gold Mining Co.Supreme Court of North Carolina · 1889
- Penn-Allen Cement Co. v. PhillipsSupreme Court of North Carolina · 1921
- Thomas v. Gwyn.Supreme Court of North Carolina · 1902
- Johnston v. . McRarySupreme Court of North Carolina · 1858
- Doubleday v. Asheville Ice & Coal Co.Supreme Court of North Carolina · 1898
3Cited by5 opinions
- Holm v. HansenSupreme Court of Iowa · 1976
- Quealy v. AndersonUtah Supreme Court · 1986
- Perkins v. SykesSupreme Court of North Carolina · 1950
- Lochner v. Silver Sales Service, Inc.Supreme Court of North Carolina · 1950
- Quealy v. AndersonUtah Supreme Court · 1986