Beaufort County Lumber Co. v. Cottingham
Supreme Court of North Carolina
Appeal by defendant from Goolce, J., at December Term, 1914, of ROBESON. Civil action beard upon motion of plaintiff to strike out tbe answer and render judgment upon tbe complaint for tbe relief demanded. The court granted said motion. Defendants appealed.
1Opinion of the CourtBkowN, J.
In this action plaintiff seeks to require defendants, owners of certain land, to perform specifically tbe provisions of an extension clause for tbe catting of tbe timber contained in a deed executed by tbe defendants to tbe plaintiffs, conveying tbe timber thereon to plaintiff.
Tbe complaint alleges that tbe deed conveying tbe timber was dated 14 April, .1906, but was not delivered and did not go into effect until 30 May, 1906, from which last date tbe time for cutting tbe timber began to run; that by mutual mistake the original date of tbe deed was not changed; that under the terms of tbe…
2Cases cited6 opinions
- Walker v. . WalkerNew York Court of Appeals · 1880
- Gross v. . ClarkNew York Court of Appeals · 1881
- Haskell v. SullivanSupreme Court of Missouri · 1862
- Saylor v. MockbieSupreme Court of Iowa · 1859
- O' Conner v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Beaufort Lumber Co. v. CottinghamSupreme Court of North Carolina · 1917
- Finance Co. v. . HendrySupreme Court of North Carolina · 1925
- O'Brien v. O'BrienSupreme Court of North Carolina · 1966
- Sugg v. St. Mary's Oil Engine Co.Supreme Court of North Carolina · 1927
- Security Finance Co. v. HendrySupreme Court of North Carolina · 1925
1 more not listed; retrieve them via the Exa API.