York v. Westall.
Supreme Court of North Carolina
ActioN by W. IT. York against W. IT. "Westall, beard bv Judge 0. U. Allen and a jury, at tbe June Term, 1906, of tbe Superior Court of BuRKE. This action! was brought to recover damages for a trespass committed in entering upon the lands of tbe plaintiff and cutting and removing timber trees therefrom.
Read the full summary
ActioN by W. IT. York against W. IT. "Westall, beard bv Judge 0. U. Allen and a jury, at tbe June Term, 1906, of tbe Superior Court of BuRKE. This action! was brought to recover damages for a trespass committed in entering upon the lands of tbe plaintiff and cutting and removing timber trees therefrom. Tbe land formerly belonged to R. L. Wilson, who entered into a written contract with the defendant Westall and others on 24 March, 1903, whereby he agreed to sell to them for $126 all the merchantable pine, poplar and oak timber trees on the said tract of land, to be cnt and removed therefrom…
1Opinion of the Court
WalkeRj J.,
after stating the case: We are unable to perceive why the issue which was tendered by the defendants was not a proper one. It was directly raised by the answer of the defendant Westall, the only one of the two defendants named in the summons who was served. The case was prosecuted against him alone.
The rule is established that an agreement to compromise and settle disputed matters is valid and binding. The law favors the avoidance or adjustment of litigation, and a compromise made in good faith for such a purpose will be sustained as not only based upon a sufficient consideration…
2Cases cited13 opinions
- Hawkins v. Lumber Co.Supreme Court of North Carolina · 1905
- Mizell v. . BurnettSupreme Court of North Carolina · 1857
- Green v. . the North Carolina Railroad Co.Supreme Court of North Carolina · 1875
- Drake v. HowellSupreme Court of North Carolina · 1903
- Moring v. . WardSupreme Court of North Carolina · 1858
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hardin v. KCS International, Inc.Court of Appeals of North Carolina · 2009
- Hanes v. ShapiroSupreme Court of North Carolina · 1915
- Hanes v. . ShapiroSupreme Court of North Carolina · 1915
- Bohannon v. TrotmanSupreme Court of North Carolina · 1939
- Bohannon v. . TrotmanSupreme Court of North Carolina · 1939
6 more not listed; retrieve them via the Exa API.