Bernhardt v. . Dutton
Supreme Court of North Carolina
Civil aotioot, tried before Councill, and a jury, at June Term, 1901, of tbe Superior Court of Wilkes County. This is an action to recover 80,000 feet of lumber, or $400, the value thereof, under a contract, dated 18 July, 1900, by which the defendant agreed to 'deliver to the plaintiff, at Lenoir, within twelve months after date, “the merchantable timber and lumber of oak, poplar ,and white pine from the land wbicb is described in the contract and containing 400 acres, at…
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Civil aotioot, tried before Councill, and a jury, at June Term, 1901, of tbe Superior Court of Wilkes County. This is an action to recover 80,000 feet of lumber, or $400, the value thereof, under a contract, dated 18 July, 1900, by which the defendant agreed to 'deliver to the plaintiff, at Lenoir, within twelve months after date, “the merchantable timber and lumber of oak, poplar ,and white pine from the land wbicb is described in the contract and containing 400 acres, at prices therein stated, the plaintiff to pay for the stnmpage and sawing, as done, an .amount which, with the stumpage and…
1Opinion of the Court
Walker, J.,
after stating the case: The defendant moved for judgment upon his counterclaim, which was alleged to consist in the fact that the plaintiff, since the seizure of the lumber and before the defendant replevied, had disposed of or wasted about 15,000 feet of it, which is valued at $150. The plaintiff did not reply to this averment in the answer, but the Court permitted him to do so, and overruled the motion. It was within the sound discretion of the Court to allow a reply to be filed at any time. “The law invests the Court with ample powers in all questions of practice and procedure,…
2Cases cited3 opinions
- Gilchrist v. . KitchenSupreme Court of North Carolina · 1882
- New Home Sewing MacHine Co. v. SeagoSupreme Court of North Carolina · 1901
- Goodloe v. . TaylorSupreme Court of North Carolina · 1825
3Cited by8 opinions
- Vestal v. Moseley Vending MacHine Exchange, Inc.Supreme Court of North Carolina · 1941
- State Ex Rel. Lee v. MartinSupreme Court of North Carolina · 1924
- Mfg. Co. v. . BlaylockSupreme Court of North Carolina · 1926
- Markley v. Western Union Telegraph Co.Supreme Court of Iowa · 1913
- Robinson Manufacturing Co. v. BlaylockSupreme Court of North Carolina · 1926
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