Hawk v. Pine Lumber Co.
Supreme Court of North Carolina
Plaintiff’s Appeal. ActioN tried before Lyon, J., and a -jury, November Term, 1907, of GRAVEN. The plaintiff alleged that, on 4 January, 1902, he had entered into a contract with the defendant to log certain timber lands owned by it, the defendant to furnish the necessary equipment, to -provide for the means for performing the contract, which were to be charged to the plaintiff, who was credited each month with the logs delivered by him.
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Plaintiff’s Appeal. ActioN tried before Lyon, J., and a -jury, November Term, 1907, of GRAVEN. The plaintiff alleged that, on 4 January, 1902, he had entered into a contract with the defendant to log certain timber lands owned by it, the defendant to furnish the necessary equipment, to -provide for the means for performing the contract, which were to be charged to the plaintiff, who was credited each month with the logs delivered by him. Statements were furnished each.month showing the balance due. The plaintiff further alleged that the land was well timbered and the contract, if performed,…
1Opinion of the CourtWalKeb, J.
We are of the opinion the Judge erred in admitting the testimony of Benjamin Moore and other witnesses as to facts supervening the breach of the contract, that is, the cost of logging after the breach and the increase in the rate of wages, and also in refusing the plaintiff’s prayer for instruction. ■ This case, in respect to the damages recoverable for the breach of the contract is governed by Wilkinson v. Dunbar (decided at this term). We held there that, while the entire damage must be assessed, present and prospective, the measure of damages is the value of the contract at the time of the…
2Cases cited9 opinions
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Benton v. . CollinsSupreme Court of North Carolina · 1899
- Nathan v. Charlotte Street Railway Co.Supreme Court of North Carolina · 1896
- Strother v. Aberdeen & Ashboro RailroadSupreme Court of North Carolina · 1898
- Holmes v. . GodwinSupreme Court of North Carolina · 1874
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