J. Herbert Bate Co. v. Bryant

Supreme Court of North Carolina

J. Herbert Bate Co. v. Bryant

129 S.E. 814, 190 N.C. 868, 1925 N.C. LEXIS 220

Supreme Court of North Carolina·Decided October 28, 1925·Published

Opinion

Pee Cueiam.

The remainder judgment for the difference between plaintiff’s claim and defendant’s counterclaim, is sanctioned by what is said in Sewing Machine Co. v. Burger, 181 N. C., 241.

The controversy on trial narrowed itself to issues of fact, which the jury alone could determine. The evidence was plenary and conflicting on both issues. There is no reversible error appearing on the record. The exceptions relating to the exclusion of evidence must be resolved in favor of the validity of the trial. The verdict and judgment will be upheld.

No error.

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Pee Cueiam.

The remainder judgment for the difference between plaintiff’s claim and defendant’s counterclaim, is sanctioned by what is said in Sewing Machine Co. v. Burger, 181 N. C., 241.

The controversy on trial narrowed itself to issues of fact, which the jury alone could determine. The evidence was plenary and conflicting on both issues. There is no reversible error appearing on the record. The exceptions relating to the exclusion of evidence must be resolved in favor of the validity of the trial. The verdict and judgment will be upheld.

No error.

J. Herbert Bate Co. v. Bryant, 129 S.E. 814, 190 N.C. 868, 1925 N.C. LEXIS 220 (N.C. 1925).

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