Young v. Fosburg Lumber Co.
Supreme Court of North Carolina
Civil actiox, tried before Lyon, J., and a jury, at June Term, 1907, of the Superior Court of Halifax County. • The defendant company, being the owner of standing timber on the lands described in the pleadings, entered into a contract in writing with W. T. Ferrell, by which he was to cut and remove the trees to the railroad.
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Civil actiox, tried before Lyon, J., and a jury, at June Term, 1907, of the Superior Court of Halifax County. • The defendant company, being the owner of standing timber on the lands described in the pleadings, entered into a contract in writing with W. T. Ferrell, by which he was to cut and remove the trees to the railroad. Defendant company agreed to furnish Ferrell one locomotive, logging cars, horses, harness and such light rails as were necessary, and to pay him $3.50 per thousand for all timber “logged.” The contract provided that Ferrell was “to begin cutting and getting out the said…
1DissentClark, C.J.
Hoke, J., concurs in dissenting opinion. The defendant company, being the owner of standing timber on the lands described in the pleadings, entered into a contract in writing with W. T. Ferrell, by which he was to cut and remove the trees to the railroad. Defendant company agreed to furnish Ferrell one locomotive, logging cars, horses, harness, and such light rails as were necessary, and to pay him $3.50 per thousand for all timber "logged." The contract provided that Ferrell was "to begin cutting and getting out the said timber and loading it on Seaboard cars within thirty days; and the said…
2Cases cited8 opinions
- Engel v. . Eureka ClubNew York Court of Appeals · 1893
- Bibb's Adm'r v. N. & W. R. R.Supreme Court of Virginia · 1891
- Morton v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
- Craft v. Albemarle Timber Co.Supreme Court of North Carolina · 1903
- James' Adm'r v. McMinimyCourt of Appeals of Kentucky · 1892
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