Casper v. . Walker

188 S.E. 99, 210 N.C. 838, 1936 N.C. LEXIS 257

Opinion

Per Curiam.

The plaintiff principally complains that the amount awarded by the jury to the defendant Lowe on his counterclaim exceeded the amount alleged in his answer, but it appears from an examination of the pleading that this defendant alleged, in effect, that he was entitled to recover $65.00 over and above all items due plaintiff. The assignment of error on this score cannot be sustained.

The other exceptions are without substantial merit. The case presented questions of fact which have been determined by the jury, and in the trial, we find

No error.