Henderson-Jarrett Co. v. Building & Lumber Co.
This text of 67 S.E. 251 (Henderson-Jarrett Co. v. Building & Lumber Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We have examined the several assignments of error of the defendant, and are of opinion that no error was committed upon the trial below which is of sufficient importance to justify us in directing another trial.
The form of the first issue is such that it is evident that the jury considered the set-offs claimed by defendant under that issue.
Tailing the charge as a whole, and from the verdict of the jury as it stands, it becomes apparent that the jury did consider the sehoff and claims of the defendant, and reduced the amount of the recovery of plaintiff to $1,000, and in doing so they could not have done other than consider the matters in evidence under the second issue. This is doubtless the reason the experienced judge who tried this ease did not send the jury back with instructions to answer the second issue.
A consideration of the entire record convinces us that substantial justice has been done upon the trial and that no reversible error has been committed.
No error.
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Cite This Page — Counsel Stack
67 S.E. 251, 152 N.C. 754, 1910 N.C. LEXIS 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-jarrett-co-v-building-lumber-co-nc-1910.