Phillips v. Ideal Mercerizing Co.

172 S.E. 203, 205 N.C. 843, 1934 N.C. LEXIS 87

Opinion

Pee, CueiaM.

An examination of the record in this appeal fails to disclose any error in the trial of this action in the Superior Court. The judgment is, therefore, affirmed.

Fuller v. Service Co., 190 N. C., 655, 130 S. E., 545, in which the validity of contracts by which corporations, which have become insolvent, have agreed to purchase from stockholders shares of their stock, which the said stockholders had purchased in reliance upon such contracts, is discussed, has no application to, the instant case. No facts are alleged in the pleadings or' shown by the evidence at the trial of this action, upon which it could be held that the contracts between the iilain-tiffs and the defendant are void. The contracts are valid, and the only matter in controversy between the parties is the amount of damages which the defendant is entitled to recover of the plaintiffs, for the admitted breach of their contracts. This amount was assessed by the jury at the trial, which is free of error, at $1,500.

No error.