There are two distinct groups of exceptions relied upon by the defendant. The first group of exceptions grows out of the fact that the plaintiff had no deed for the standing timber from which the wood was to be cut and delivered to the defendant. The defendant objected to all evidence as to the purchase made by plaintiff from Byrd and as to contracts which he made with parties to cut the wood from the boundary. These exceptions were based upon the theory that plaintiff could not acquire title to standing timber by verbal contract by virtue of the application of the statute of frauds. It will be observed, however, that the defendant was not a party to the contract between the plaintiff and Byrd from whom he purchased the timber. The authorities are uniform in holding that “the statute of frauds is not available as to third parties, and strangers to the transaction cannot avail themselves of the statute.” Cowell v. Ins. Co., 126 N. C., 684; Bowen v. Perkins, 154 N. C., 449; Plaster Co. v. Plaster Co., 156 N. C., 455.
*738Tbe second group of exceptions is based upon the theory that there was no evidence to be submitted to the jury tending to show that the plaintiff would have cut and delivered a substantial quantity of said wood before the expiration of his contract. The evidence tended to show that upon the boundary purchased by plaintiff there was from fourteen hundred to three thousand cords of wood. Plaintiff testified that “he had several different parties of men who had contracts for said portions of this boundary; they had men helping them.” There was other testimony to the same effect. While the testimony was to a certain extent indefinite, we cannot say, as a matter of law, that there was no testimony from which the jury would be warranted in drawing a reasonable inference as to the loss plaintiff sustained. The jury awarded the plaintiff $1,250 damages. There was ample evidence that there were over twelve hundred and fifty cords of wood upon the boundary at the time of the breach of the contract by the defendant. There was also ample evidence that the plaintiff had a profit of one dollar a cord under the terms of his contract. Upon the whole record we are of the opinion that the case was properly submitted to the jury and the judgment rendered is approved.
No error.