Supreme Court of North Carolina, 1918

Keener v. Graham County Lumber Co.

Keener v. Graham County Lumber Co.
Supreme Court of North Carolina · Decided May 28, 1918 · Oubiam
96 S.E. 31; 175 N.C. 701; 1918 N.C. LEXIS 139 (South Eastern Reporter)

Keener v. Graham County Lumber Co.

Opinion of the Court

Peb Oubiam :

Action for damage by loss of logs. The case is exactly like Sumner v. same defendant, decided at this term. The plaintiff did not propose to contradict, add to or vary tbe written contract, but to show a later and fresh agreement as to how the logs should be delivered. The two eases are not distinguishable, and the controlling principles are stated in the Sumner case, with the authorities sustaining them, and there was no error upon the issue as to the damages.

No error.

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