Keener v. Graham County Lumber Co., 175 N.C. 701 (1918)

May 28, 1918 · Supreme Court of North Carolina

175 N.C. 701

U. W. KEENER v. GRAHAM COUNTY LUMBER COMPANY.

(Filed 28 May, 1918.)

Contracts — Parol Evidence — New Agreement.

Appeal by defendant from judgment rendered at March Term, 1918, of SwaiN, Lane, J., presiding.

Alley & Leatherwood for plaintiff.

M. W. Bell for defendant.

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.