Legal Opinion
Bishop v. Du Bose
Supreme Court of North Carolina
Decided March 16, 1960No. 96PublishedCited by 13 opinions
1Opinion of the CourtMoore, J.
Defendant assigns as error the refusal of the court to allow his motion for nonsuit.
The basis of the action and theory of the trial is that defendant conveyed to plaintiff all merchantable timber on his Avery Creek farm, wrongfully dispossessed plaintiff and permitted another to remove the timber from the land. In determining the rights of the parties it is first essential that we examine the contract of 11 January 1958. It is plain and unambiguous. Accordingly, it is for the court and not the jury to declare its meaning and effect. Young v. Mica Co., 237 N.C. 644, 648, 75 S.E. 2d 795;…
2Cases cited19 opinions
- Perkins v. LangdonSupreme Court of North Carolina · 1953
- Hawkins v. Lumber Co.Supreme Court of North Carolina · 1905
- Lumber Co. v. Corey.Supreme Court of North Carolina · 1906
- ANDERSON ET UX. v. MoothartOregon Supreme Court · 1953
- Sorensen v. JacobsonMontana Supreme Court · 1951
14 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Beal v. KH STEPHENSON SUPPLY CO., INC.Court of Appeals of North Carolina · 1978
- Cook v. LawsonCourt of Appeals of North Carolina · 1968
- Haw River Land & Timber Company, Incorporated George W. Riddle v. Lawyers Title Insurance CorporationCourt of Appeals for the Fourth Circuit · 1998
- Caudill v. NATIONWIDE MUT. INS. CO. OF COLUMBUS, OHIOSupreme Court of North Carolina · 1965
- Lester Brothers, Inc. v. JM THOMPSON COMPANYSupreme Court of North Carolina · 1964
8 more not listed; retrieve them via the Exa API.