Dale v. Gaither Lumber Co.
Supreme Court of North Carolina
Appeal from Justice, J., at December Term, 1909, of BuN-combb. There was evidence tending to show tbat one L. L. Wood bad contracted in writing with defendant company to “cut, saw, log and stack in a workmanlike manner” for defendant company the timber growing on a tract of land of 888 acres, and was engaged in the performance of said contract; that the plaintiff had agreed with L. L. Wood to do the logging for this job at $3 per thousand feet; that plaintiff went to work…
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Appeal from Justice, J., at December Term, 1909, of BuN-combb. There was evidence tending to show tbat one L. L. Wood bad contracted in writing with defendant company to “cut, saw, log and stack in a workmanlike manner” for defendant company the timber growing on a tract of land of 888 acres, and was engaged in the performance of said contract; that the plaintiff had agreed with L. L. Wood to do the logging for this job at $3 per thousand feet; that plaintiff went to work under this agreement, and after a short time, not receiving any money and not being satisfied with the arrangements for…
1Opinion of the CourtHoke, J.
We are of opinion that the case has been correctly tried, and the charge of his Honor is in accord with the better-considered precedents.
In Emerson v. Slater, 63 U. S., 28-43, a decision on this section of the statute of frauds, the Court said:
“But whenever the main purpose and object of the promisor is not to answer for another, but to subserve some pecuniary or business purpose of his own, involving either a benefit to himself or damage to the other contracting party, his promise is not within the statute, although it may be in form a promise to pay the debt of another, and although the…
2Cases cited9 opinions
- Davis v. PatrickSupreme Court of the United States · 1891
- Emerson v. SlaterSupreme Court of the United States · 1860
- Voorhees v. Porter.Supreme Court of North Carolina · 1904
- Board of Commissioners v. Cincinnati Steam Heating Co.Indiana Supreme Court · 1891
- Threadgill v. . McLendonSupreme Court of North Carolina · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Burlington Industries, Inc. v. FoilSupreme Court of North Carolina · 1974
- Dozier v. . WoodSupreme Court of North Carolina · 1935
- Balentine v. . GillSupreme Court of North Carolina · 1940
- Meyers v. . AllsbrookSupreme Court of North Carolina · 1949
- Garren v. . YoungbloodSupreme Court of North Carolina · 1934
8 more not listed; retrieve them via the Exa API.