PERRY-GRIFFIN FOUNDATION v. PROCTOR

No. 913SC535.

421 S.E.2d 186 (1992)

107 N.C. App. 528

PERRY-GRIFFIN FOUNDATION, a North Carolina Corporation, Plaintiff, v. Jimmie PROCTOR, Joseph Anthony Weatherington, Jr., Raynorwood, Inc., a Corporation of North Carolina, Bill Morris, Mike Woodard, and Freddie Price, Defendants.

Court of Appeals of North Carolina.

October 6, 1992.


Attorney(s) appearing for the Case

Henderson, Baxter & Alford, P.A. by David S. Henderson, New Bern, for plaintiff.

Barrington, Herndon & Raisig, P.A. by Carl A. Barrington, Jr., and Cheryl C. Garcia, Fayetteville, for Jimmie Proctor, defendants.


COZORT, Judge.

Plaintiff brought an action against defendants for trespass on land and for damages resulting from defendants' unlawful cutting of plaintiff's timber. One defendant counterclaimed for breach of contract alleging failure on the part of plaintiff to use its best efforts to facilitate the sale of the timberland in question pursuant to an option contract. The trial court submitted nine issues to the jury. The...

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