Opinion

Michael v. Brown

  • 215 N.C. 655
Court
Supreme Court of North Carolina
Filed
May 24, 1939
Status
Published
Author
Stacy
On the bench
Stacy
Cited by
0 cases
Authority
More cited than 14.5%

The opinion

Stacy, C. J.

The testimony of plaintiff’s nephew and agent, Conrad Michael, who negotiated the sale, is in full support of the judgment of nonsuit. The record discloses that plaintiff has been paid for all timber cut by the defendants. The timber was sold according to the boundaries pointed out by plaintiff’s agent. The uncut portion of the timber was later repurchased according to the same boundaries. “That is the way it was put in the contract,” says Conrad Michael, and “the land uncle is now calling the ‘Leonard land’ is included in that tract.” Plaintiff admits, “there is nothing in the contract to show just where the timber *657 is located.” An aider under tbe doctrine of id certum, est, etc., is required for its exact location. R. R. v. Olive, 142 N. C., 257 , 55 S. E., 263 .

As we- understand tbe record and interpret it, tbe plaintiff bas no just cause for complaint. Tbe timber cut was tbe timber wbicb tbe plaintiff sold and tbe defendants bought. Tbe nonsuit will be sustained.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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