Gooding v. . Moore
Supreme Court of North Carolina
Actiow tried before O. II. Allen, J., and a jury, at November Term, 1908, of Ckaven. The plaintiff declared on three causes of action: For first cause of action plaintiff alleged that defendants had entered into a valid and binding contract for plaintiff to cut, log and deliver at defendants’ mill the standing timber growing on a certain tract of land, known as the Nixon tract, amounting to about two million feet, and at a contract price of $3.50 per thousand feet, with…
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Actiow tried before O. II. Allen, J., and a jury, at November Term, 1908, of Ckaven. The plaintiff declared on three causes of action: For first cause of action plaintiff alleged that defendants had entered into a valid and binding contract for plaintiff to cut, log and deliver at defendants’ mill the standing timber growing on a certain tract of land, known as the Nixon tract, amounting to about two million feet, and at a contract price of $3.50 per thousand feet, with certain incidental stipulations with regard to advancements, time of payment, etc.; that plaintiff had entered upon the…
1Opinion of the Court
Hoke, J.,
after stating the case: We find no error to plaintiff’s prejudice in the disposition of the second and third causes of action, and the judgment is in that respect affirmed; but we do not concur in the ruling of the court as to the first cause of action, and think the issues and all of them framed to present that phase of plaintiff’s demand should be submitted to another jury.
While the evidence shows that it was contemplated by both plaintiff and defendant that the contract between them as to the timber on the Nixon tract should be reduced to writing, there was testimony on the part…
2Cases cited1 opinion
- Teal v. . TempletonSupreme Court of North Carolina · 1908
3Cited by10 opinions
- Stephens v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1912
- Powell v. . Lumber Co.Supreme Court of North Carolina · 1915
- Stephens v. . Lumber Co.Supreme Court of North Carolina · 1912
- Chesson v. Richmond Cedar WorksSupreme Court of North Carolina · 1916
- Newberry v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1912
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