Stockton v. . Lenoir

158 S.E. 856, 201 N.C. 88, 1931 N.C. LEXIS 191

Opinion

Stagy, C. J.

The facts aré fully set out in the first appeal as reported in 198 N. C., 148, 150 S. E., 886, to which reference may be had to avoid repetition.

We there held that, while the stipulation appearing on the face of each of the notes did not ipsissimis verbis provide for payment exclusively out of funds to be collected from corresponding note of the purchasers, . Almazov and Albert, yet, in view of the allegations of the answer, taken in connection with the stipulations appearing in the notes, it was open to tbe defendant to sbow by parol, .if be could, tbat sucb was tbe understanding of tbe parties. Unless tbe defendant is able to establish tbis under tbe principles announced in Bank v. Winslow, 193 N. C., 470, 137 S. E., 320, Typewriter Co. v. Hardware Co., 143 N. C., 97, 55 S. E., 417, and Evans v. Freeman, 142 N. C., 61, 54 S. E., 847, he will not be in position to resist an adverse verdict.

With tbe defendant thus required to handle tbe laboring oar, it was error to nonsuit on tbe plaintiff’s evidence.

Reversed.