Lutz v. Coastal Construction Co.

Supreme Court of North Carolina

Lutz v. Coastal Construction Co.

138 S.E. 926, 193 N.C. 848, 1927 N.C. LEXIS 497

DecidedMay 18, 1927

StatusPublished

This text of 138 S.E. 926 (Lutz v. Coastal Construction 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.

Bluebook

Lutz v. Coastal Construction Co., 138 S.E. 926, 193 N.C. 848, 1927 N.C. LEXIS 497 (N.C. 1927).

Pincite

Opinion

*849 Per Curiam.

The jury having answered tbe second issue “No,” plaintiffs’ assignments of error, based upon exceptions to tbe refusal of tbe court to submit issues as tendered by plaintiffs, and to tbe exclusion of evidence pertinent only to other issues, need not be considered on their appeal to this Court. There are no assignments of error with respect to tbe second issue. In no event could plaintiffs recover upon tbe cause of action set out in tbe complaint without an affirmative answer to tbe second issue. Tbe court properly instructed tbe jury that if they answered tbe second issue “No,” they need not answer tbe third issue.

There is no error on tbe record, and tbe judgment must bé affirmed.

No error.

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*849 Per Curiam.

The jury having answered tbe second issue “No,” plaintiffs’ assignments of error, based upon exceptions to tbe refusal of tbe court to submit issues as tendered by plaintiffs, and to tbe exclusion of evidence pertinent only to other issues, need not be considered on their appeal to this Court. There are no assignments of error with respect to tbe second issue. In no event could plaintiffs recover upon tbe cause of action set out in tbe complaint without an affirmative answer to tbe second issue. Tbe court properly instructed tbe jury that if they answered tbe second issue “No,” they need not answer tbe third issue.

There is no error on tbe record, and tbe judgment must bé affirmed.

No error.

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Bluebook (online)

138 S.E. 926, 193 N.C. 848, 1927 N.C. LEXIS 497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lutz-v-coastal-construction-co-nc-1927.