Green v. North Carolina Railroad
Supreme Court of North Carolina
Civil Action tried at January Special Term, 1877, of "Wake Superior Court, before Schenck, J. This action was brought to recover the value of a certain ■number of cords of wood alleged to have been delivered to defendant company under a verbal contract, in which the plaintiff agreed that the defendant might cut off of his land, along and near the defendant’s road as many cords of wood as the defendant had cut off of a certain tract of its own.
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Civil Action tried at January Special Term, 1877, of "Wake Superior Court, before Schenck, J. This action was brought to recover the value of a certain ■number of cords of wood alleged to have been delivered to defendant company under a verbal contract, in which the plaintiff agreed that the defendant might cut off of his land, along and near the defendant’s road as many cords of wood as the defendant had cut off of a certain tract of its own. The defendant agreed to take the wood and to convey to the plaintiff a tract of land in payment therefor. During the years of 1863-64, and before May,…
1Opinion of the Court
PjíARsoN, 0. J.
The plaintiff claims the value of 2200 cords of wood, standing on the land, which he estimates at fifty cents per cord, making eleven hundred dollars, cut and carried away by the defendant, as upon a common count in assumpsit “quantum valebat.”
The defendant admits the taking of the 2200 cords of wood and avers that it was done under a contract that the. wood was to be paid for by the deed of defendant to plaintiff, for a certain other tract of land particularly described, and. avers that it has always been “ ready, able and willing ” to-make the deed upon a compliance by the…
2Cases cited1 opinion
- Green v. . the North Carolina Railroad Co.Supreme Court of North Carolina · 1875
3Cited by22 opinions
- Hall v. Misenheimer.Supreme Court of North Carolina · 1904
- Davis v. . InscoeSupreme Court of North Carolina · 1881
- Parker v. . AllenSupreme Court of North Carolina · 1881
- Durham Consolidated Land & Improvement Co. v. GuthrieSupreme Court of North Carolina · 1895
- Magee v. . BlankenshipSupreme Court of North Carolina · 1886
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