Ives v. New Bern Lumber Co.
Supreme Court of North Carolina
ActioN tried before Lyon, J., and a jury, at November Term, 1907, of Chaven. Defendant appealed. Tbe facts are stated in the opinion.
1Opinion of the Court
ClahK, O. J.
The jury found that the defendant contracted with one Kimball to log certain timber lands which it owned; that Kimball assigned the contract to the plaintiff with the knowledge and consent of the defendant; that the plaintiff had cut a large quantity of logs, when the defendant wrongfully refused to let him cut more and did not pay him in full for what he had cut. The complaint alleged, among other matters, that the defendant agreed to furnish rafting gear to plaintiff, but failed to do so, causing the plaintiff loss thereby.
The court properly refused the motion to nonsuit. The…
2Cases cited1 opinion
- Vaughan v. . ParkerSupreme Court of North Carolina · 1893
3Cited by9 opinions
- R. R. v. . Manufacturing Co.Supreme Court of North Carolina · 1915
- Alley v. Charlotte Pipe & Foundry Co.Supreme Court of North Carolina · 1912
- Raleigh, Charlotte & Southern Railway Co. v. Mecklenburg Manufacturing Co.Supreme Court of North Carolina · 1915
- Kinston Cotton Mills v. Liability Assurance Corp.Supreme Court of North Carolina · 1913
- Greene v. . GreeneSupreme Court of North Carolina · 1940
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