Chapman-Hunt Co. v. Haywood County Board of Education

150 S.E. 713, 198 N.C. 111, 1929 N.C. LEXIS 426

Opinion

Stacy, C. J.

Plaintiff alleges that the buildings in question bave been completed and accepted by the defendant. This is denied. It is provided by C. S., 5415, among other things, that all new school buildings “shall be inspected, received and approved by the county superintendent of public instruction before full payment is made therefor.” The issues submitted to the jury, therefore, are insufficient to support the judgment, as they are not determinative of the controversy. The crucial fact of liability is yet undecided. For this reason, a new trial must be awarded. Bank v. Broom Co., 188 N. C., 508, 125 S. E., 12; Holler v. Tel. Co., 149 N. C., 336, 63 S. E., 92; Strauss v. Wilmington, 129 N. C., 99, 39 S. E., 772; Tucker v. Satterthwaite, 120 N. C., 118, 27 S. E., 45.

A verdict, whether upon one or many issues, should establish facts sufficient to enable the court to proceed to judgment. McAdoo v. R. R., 105 N. C., 140, 11 S. E., 316; Emery v. R. R., 102 N. C., 209, 9 S. E., 139.

New trial.