Stoffer v. . Griffin
This text of 129 S.E. 804 (Stoffer v. . Griffin) 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 verdict was as follows :
“1. What amount, if any, is the defendant due on his contract of 24 October, 1922? Answer: $2,750 with interest from 16 January, 1923.
“2. Is the plaintiff entitled to the possession of the property taken on claim and delivery? Answer: Tes.
“3. What was the reasonable market value of the property at the time it was taken on claim and delivery? Answer: $2,750.
“4. Did the plaintiff’s assignor, the Electrik Maid Bake Shop, breach that part of the contract providing that it agreed ‘to furnish said party of second part the services of its master baker for not exceeding -two *870 weeks to break in the baker to be employed by the said second party and familiarize him with the use- of said equipment? Answer: No.
“5. If so, what damage, if any, did the defendant sustain by reason of said breach of such contract ? Answer: .”
The defendant’s exceptions relate to the competency of evidence pertaining to the third issue and to the contentions of the plaintiff as given to the jury in the charge.
The case was correctly tried, and the controversy on the third issue was wholly within the domain of fact, and that has been determined by the jury in a trial free from prejudicial error.
Let it be certified that there is
No error.
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Cite This Page — Counsel Stack
129 S.E. 804, 190 N.C. 869, 1925 N.C. LEXIS 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stoffer-v-griffin-nc-1925.