Citation Codes Equivalent Citations citation codes Docket Number 10724 Attorney(S) Mr. J.O. O'Bryan, for appellant, cites: Evidence of negotiations at time contract was made is admissible: 98 S.C. 8; 108 S.C. 108. Where no definite time is fixed to commence cutting it must be commenced within a reasonable time: 89 S.C. 328; 90 S.C. 153; 98 S.C. 8; 102 S.C. 289; 108 S.C. 108. Court has held that 13 and 14 years were unreasonable: 98 S.C. 8; 102 S.C. 289. Messrs. Kelly Hinds, for respondents, cite: Under deed cutting was to commence within a reasonable time, and what was a reasonable time is to be determined by facts and circumstances of the case: 89 S.C. 328; 90 S.C. 153. Where construction of contract is rendered doubtful by its language, the interpretation placed on it by the parties is usually controlling: 89 S.C. 73; 54 S.C. 582; 100 S.C. 1; 105 S.C. 107; 67 S.E. 185. Where time is essence of contract it may be waived: 9 Cvs. 608; 59 U.S. (L. Ed.) 312; 19 N.W. (Iowa) 312; 32 U.S. (L. Ed.) 468; 83 S.E. 857. Clark Contracts 676. Waiver: 4 Cyc. 252; 48 So. 213 (Fla.); 49 N.E. 612 (Ind.); 103 N.W. 112 (Iowa); 68 A. 658 (Me.); 75 N.W. 445 (Mich.); 130 S.W. 500 (Mo.); 99 S.W. 55 (Mo.); 92 S.W. 355 (Mo.); 69 P. 938 (Okla.); 148 Fed. 145, 153; 78 C.C.A. 279; 11 Fed. 19, 31; 49 C.C. A. 216; 96 Fed. 34, 54; 83 Fed. 684, 687; 28 C.C.A., 9; 82 Fed. 406, 409; 27 C.C.A. 42; 47 L.R.A. 450; 43 S.C. 57. Ten years a reasonable time: 89 S.C. 343; 90 S.C. 163. Cutting need not be continuous: 80 S.C. 109. See more information ... Smart Summary Please sign up to generate summary. CUNNINGHAM v. ATLANTIC COAST LUMBER CORPORATION ET AL. October 10, 1921. The opinion of the Court was delivered by MR. CHIEF JUSTICE GARY. For the reasons therein assigned, the judgment of the Circuit Court is affirmed. MR. JUSTICE WATTS dissenting.