McKinney v. . Matthews
Supreme Court of North Carolina
Appeal from Peebles, J., at February Term, 1914, of Hae-NETT. This is an action to recover money alleged to be due on a contract for cutting certain timber by the defendant on the plaintiff’s land, and the controversy is as to the quantity of timber cut.
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Appeal from Peebles, J., at February Term, 1914, of Hae-NETT. This is an action to recover money alleged to be due on a contract for cutting certain timber by the defendant on the plaintiff’s land, and the controversy is as to the quantity of timber cut. The case on appeal states that the plaintiff alleged in his complaint that the “plaintiff entered into a contract with the defendant to sell to the defendant the timber upon certain of the plaintiff’s land, at the price of $2 per thousand feet of lumber.” And this was admitted by defendant’s answer. The plaintiff offered evidence that tended…
1Opinion of the CourtAlleN, J.
The contract of the plaintiff is to sell the timber on certain land, to be paid for at the rate of $2 per thousand feet of lumber, and the evidence of the plaintiff is directed to proof of the quantity of lumber cut.
There is a well marked distinction between the terms “timber” and “lumber.” “The word Timber’ has an enlarged or restricted sense, according to the connection in which it is employed. It may refer- to standing trees or to stems or trunks of trees cut and shaped for use in the erection of buildings or other structures, and not manufactured into lumber within the ordinary meaning of…
2Cases cited8 opinions
- Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
- Freeman v. . BellSupreme Court of North Carolina · 1909
- Hardison v. Lumber Co.Supreme Court of North Carolina · 1904
- Harris v. . MurphySupreme Court of North Carolina · 1896
- Lipschutz v. Weatherly.Supreme Court of North Carolina · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jefferson Standard Life Insurance v. MoreheadSupreme Court of North Carolina · 1936
- Carolina Equipment and Parts Company v. AndersSupreme Court of North Carolina · 1965
- Whitehurst v. . Fcx Fruit and Vegetable ServiceSupreme Court of North Carolina · 1944
- Roebuck v. . CarsonSupreme Court of North Carolina · 1929
- Grubb v. Ford Motor Co.Supreme Court of North Carolina · 1935
6 more not listed; retrieve them via the Exa API.