Bright v. Peerless Lumber Co.

Decided September 20, 1922

Supreme Court of North Carolina · decided 1922-09-20

Appeal by defendant from Ferguson, J., at February Special. Term, 1922, of Chatham. Plaintiffs sold defendant all the timber of prescribed dimensions within certain boundaries, “excepting from the above the second-growth timber and original growth in the pastures.” The consideration was $7,500, of which $6,000 has been paid. The plaintiffs obtained a restraining order to prevent defendant’s removal of the timber in controversy.

Cited by 2 later decisions — most recently May 1976

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1922-09-20

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Pee Cueiam.

¶1 Tbe contract excepts tbe second-growth timber and tbe original growth in tbe pastures. Tbe timber in controversy is embraced within tbe boundaries of tbe land described in tbe contract, and as tbe plaintiffs have prevented its removal, they have tbe burden of showing that tbe timber.is within tbe exception. It is not admitted that tbe timber which tbe defendant has been prevented from cutting is second growth, or in tbe pastures. This is a question which tbe jury should determine. Batts v. Batts, 128 N. C., 22; Wyman v. Taylor, 124 N. C., 426; Bernhardt v. Brown, 122 N. C., 589; Steel Co. v. Edwards, 110 N. C., 354.

¶2 New trial.