Fowler v. . Apperson

104 S.E. 753, 180 N.C. 669, 1920 N.C. LEXIS 171

• Court: Supreme Court of North Carolina
• Decided: November 17, 1920
• Status: Published

Opinion

Pee Cubiam.

We have considered this case with careful regard for the fights of the parties and the law applicable to the findings of fact. The case substantially involved only questions of fact, and the verdict was fully warranted by the evidence. The charge of the judge is free from error.

1. The first assignment of error must be disallowed, because the question as to the ratification of the contract, which the defendant, Mrs. Apperson, had attacked for fraud, was one for the jury under the circumstances of this case. There was evidence tending to show that R. R. Saunders had agreed to take the horse back and give up the oxen, in other words, to cancel the bargain, and this, with other evidence bearing on the question, was peculiarly for the jury to consider and pass upon.

2. The oral request for an instruction, if properly submitted, as to Saunders’ knowledge of the horse’s age, was substantially given by the court, and Saunders had the full benefit of his prayer in the charge.

3. This prayer was properly explained to the jury, and we can see no material harm in it. The whole matter was stated with accuracy by his Honor, and there was nothing to mislead the jury.

4. Issue No. 10 related to a matter which was an essential.part of the whole transaction, and there could be no harm done in submitting it to the jury, in order for them to find all of the facts; and the same may be said of issue No. 11, which is the subject of the 5th assignment of error.

5. THe other assignment is merely formal. Neither defendant has any ground of complaint. The case was correctly tried and decided.

No error.