Williams v. Crosby Lumber Co.
Supreme Court of North Carolina
Civil aotioN, tried before Robinson, J., at Fall Term, '1895, of Graham Superior Court. The facts appear in the opinion. Defendant appealed.
1DissentClark, J.
The plaintiff sues to collect a balance due him on contract with the defendant, and for damages for breach of the contract. The verbal contract was for "large quantities of timber, growing and felled," on divers tracts of land on the Cheoah and Little Tennessee rivers and their tributaries. In his complaint the plaintiff alleges that, under a contract with defendant, he "cut and put a large quantity of logs into the Cheoah River, in Graham County, for which labor the said company partly paid plaintiff from time to time, leaving a balance of $500 still due therefore, which sum the plaintiff is…
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