Younce v. Broad River Lumber Co.
Supreme Court of North Carolina
Appeal from Webb, J., at tbe August Term, 1910, of Ruth-ERFORD. Civil action to recover damages for an alleged breach of contract entered into between tbe plaintiff and defendant by wbicb tbe plaintiff undertook to cut and saw certain timber for defendant and manufacture it into lumber.
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Appeal from Webb, J., at tbe August Term, 1910, of Ruth-ERFORD. Civil action to recover damages for an alleged breach of contract entered into between tbe plaintiff and defendant by wbicb tbe plaintiff undertook to cut and saw certain timber for defendant and manufacture it into lumber. These issues were submitted : 1. Did the plaintiff saw tbe timber for defendant in accordance with tbe contract made between them? Answer: Yes. 2. Did tbe defendant wrongfully prevent plaintiff from performing bis contract with it as alleged? Answer: Yes. 3. What damage, if any, is plaintiff entitled to…
1Opinion of the Court
Tbe facts are sufficiently stated in tbe opinion of tbe Court by Mr. Justice Brown.
BkowN, J".
Tbe defendant moved to quash tbe deposition of J. Middleby, Jr., a witness for plaintiff, upon tbe ground that tbe certificate of tbe commissioner was irregular in that it failed to state that the commissioner was of kin to neither, party. Revisal, sec. 1652.
It is not necessary that this should appear upon the face of tbe certificate, although it is a requirement of tbe statute in tbe selection of a commissioner. It is ground for quashing the depo-, sition unless waived by previous conduct of a party,…
2Cases cited4 opinions
- Wilkinson v. . DunbarSupreme Court of North Carolina · 1908
- Smith v. N. C. RailroadSupreme Court of North Carolina · 1873
- Rumbough v. Southern Improvement Co.Supreme Court of North Carolina · 1893
- Williams v. . WilliamsonSupreme Court of North Carolina · 1846
3Cited by12 opinions
- Southern Surety Co. v. Nalle & Co.Texas Commission of Appeals · 1922
- Morgan v. Royal Benefit Society & Royal Fraternal Ass'nSupreme Court of North Carolina · 1914
- Caudle v. SwansonSupreme Court of North Carolina · 1958
- Lytton v. Marion Manufacturing Co.Supreme Court of North Carolina · 1911
- Westerman v. Champion Fiber Co.Supreme Court of North Carolina · 1913
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