Davis v. . Harris
Supreme Court of North Carolina
Appeal by plaintiff from Bond, J., at June Term, 1919, of BuNCOMBE. Tbe plaintiff by oral contract sold.’ to tbe defendant tbe mill timber on bis land, tbe same to be measured and paid for at tbe rate of $6 per thousand feet before removal. Tbe plaintiff admits that tbe defendant paid at tbat rate for all tbe timber cut and removed, but alleges tliat tbe defendant cut 163 other logs which be left lying upon tbe land.
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Appeal by plaintiff from Bond, J., at June Term, 1919, of BuNCOMBE. Tbe plaintiff by oral contract sold.’ to tbe defendant tbe mill timber on bis land, tbe same to be measured and paid for at tbe rate of $6 per thousand feet before removal. Tbe plaintiff admits that tbe defendant paid at tbat rate for all tbe timber cut and removed, but alleges tliat tbe defendant cut 163 other logs which be left lying upon tbe land. Tbe plaintiff further alleges tbat the defendant agreed tbat be would cut .all tbe merchantable timber on tbe land, but tbat on tbe contrary be picked out tbe best timber, which…
1Opinion of the CourtOlaRK, C. J.
A contract to cut and remove timber is not enforceable unless in writing, Mizell v. Burnett, 49 N. C., 252. But this applies to executory contracts only.
It appears in tbe record tbat it is admitted by both parties tbat there was no contract or memorandum of sale in writing; tbat all trees cut by defendant and removed were measured and paid for at $6 per thousand, but tbat tbe defendant cut other trees which were not measured or paid for or removed from tbe land. It is controverted tbat tbe defendant promised to pay for them and that tbe logs have rotted by reason of tbe plaintiff relying on…
2Cases cited3 opinions
- Green v. . the North Carolina Railroad Co.Supreme Court of North Carolina · 1875
- Kelly v. Yadkin River Power Co.Supreme Court of North Carolina · 1912
- Archibald v. . DavisSupreme Court of North Carolina · 1856
3Cited by3 opinions
- Valencia v. Shell Oil Co.California Supreme Court · 1944
- Sprinkle v. PonderSupreme Court of North Carolina · 1951
- Winston v. Williams & McKeithan Lumber Co.Supreme Court of North Carolina · 1947