Drake v. . Spencer

102 S.E. 389, 179 N.C. 683, 1920 N.C. LEXIS 321

Opinion

Per Curiam.

This action was brought by the plaintiff as receiver of the Raleigh Grain and Milling Company to recover damages on account of failure of the defendant to perform a contract to sell to the Raleigh Grain and Milling Company 1,700 bushels of corn, for which the milling company agreed to pay $1,184 per bushel f. o. b. Wysocking, N. C., and was to furnish the bags in which the corn was to be shipped.

No exceptions to the evidence are presented in the record, and only one exception to the charge. Upon a careful examination of the evidence and the charge, we are unable to find any error committed by the court in presenting the case to the jury. The. questions involved are matters of fact, and appear to have been clearly and fairly presented to the jury.

No error.