Penland v. Red Hill Methodist Church
This text of 41 S.E.2d 654 (Penland v. Red Hill Methodist Church) 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
The contract is admitted. Defendants plead breach thereof and resulting damages for which they pray judgment. Hence the issues as raised by the pleadings are those raised by the further answer and counterclaim. Plaintiff failed to tender the issues thus raised and to demand jury trial thereon. Booker v. Highlands, 198 N. C., 282, 151 S. E., 635; Brown v. Clement Co., 217 N. C., 47, 6 S. E. (2d), 842. Hence trial by jury was waived.
The court below found that the evidence sustained the findings made by the referee, adopted them as its own, and rendered judgment for defendants on their counterclaim in the amount found to be due. A careful examination of the record fails to disclose error therein.
Affirmed.
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Cite This Page — Counsel Stack
41 S.E.2d 654, 227 N.C. 699, 1947 N.C. LEXIS 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/penland-v-red-hill-methodist-church-nc-1947.