Howerton v. H. Scherer & Co.

86 S.E. 712, 170 N.C. 669, 1915 N.C. LEXIS 452

• Court: Supreme Court of North Carolina
• Decided: November 3, 1915
• Status: Published

Opinion

Per Curiam.

This action was brought to recover from the defend-' ants the sum of $345, with interest, alleged to be due for the balance of the salary and traveling expense which the defendants are alleged to have contracted to pay tbe plaintiff. There are no exceptions to tbe evidence, and tbe matter seems to be almost exclusively of fact. Tbe defendant assigns error “to tbe failure of bis Honor to properly instruct tbe jury as to tbe weight and effect of tbe contract introduced in tbe evidence.” Tbis is a broadside exception, and under our rulings need not be considered by us. Nevertheless, we have examined tbe charge, and think that bis Honor fully complied with tbe law in tbe absence of any request for special instructions. If fuller instructions bad been desired, they should have been asked for. Ives v. R. R., 142 N. C., 131.

No error.