Berry v. Hyde County Land & Lumber Co.
Supreme Court of North Carolina
Appeal by defendant from Allen, at July Term, 1921, of Hyde. Plaintiffs were joint owners of a tract of land containing about 525 acres, bounded on the east by tbe Gibbs canal and on the north by the Poplar Ridge road. Defendant entered into a written agreement with the plaintiffs by which the defendant acquired the right to enter on plaintiffs’ land and to widen, deepen, maintain, and use the canal..
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Appeal by defendant from Allen, at July Term, 1921, of Hyde. Plaintiffs were joint owners of a tract of land containing about 525 acres, bounded on the east by tbe Gibbs canal and on the north by the Poplar Ridge road. Defendant entered into a written agreement with the plaintiffs by which the defendant acquired the right to enter on plaintiffs’ land and to widen, deepen, maintain, and use the canal.. Plaintiffs gave their consent “for the closing by the proper legal authorities of Hyde County of the public road known as the ‘Poplar Ridge-road,’ leading from the Juniper Bay road to the…
1Opinion of the CourtAdaMS, J.
Tbe defendant insists that tbe complaint and tbe replication are inconsistent; that in tbe former tbe cause of action is ex delicto, and in tbe latter ex contractu; and that tbe issues submitted by tbe court relate, not to tbe tort, but to tbe defendant’s alleged breach of contract. At tbe trial tbe defendant tendered issues drafted upon allegations in tort, and contends here that tbe plaintiffs have abandoned the cause of action stated in tbe complaint and now rely solely upon tbe replication. It is true, as argued by tbe defendant, that a party may not be allowed in tbe course of litigation…
2Cases cited7 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Parker v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1896
- Brown v. Virginia-Carolina Chemical Co.Supreme Court of North Carolina · 1914
- Lindsey v. . MitchellSupreme Court of North Carolina · 1917
- C. B. Coles & Sons Co. v. Standard Lumber Co.Supreme Court of North Carolina · 1909
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3Cited by5 opinions
- Paris v. Carolina Portable Aggregates, Inc.Supreme Court of North Carolina · 1967
- Lieb v. MayerSupreme Court of North Carolina · 1956
- Cline v. ClineSupreme Court of North Carolina · 1962
- Nix v. EnglishSupreme Court of North Carolina · 1961
- Miller v. . GrimsleySupreme Court of North Carolina · 1941