Williams v. Blue Ridge Building & Loan Ass'n

183 S.E. 728, 209 N.C. 845, 1936 N.C. LEXIS 378

• Court: Supreme Court of North Carolina
• Decided: February 26, 1936
• Status: Published

Opinion

Per Curiam.

We have examined tbe exceptive assignments of error, both to tbe rulings upon tbe evidence and to tbe charge, and find no reversible error therein. Tbe charge is in compliance with tbe opinion in tbis case when before tbis Court on former appeal.

However, in paragraph 6 of tbe judgment it is ordered tbat tbe defendants recover of tbe plaintiffs “tbe sum of $400.00, to be discharged by tbe payment to said defendants of a sum equal to $25.00 per month, calculated from 12 October, 1933, until paid, and tbe same to be calculated to tbe day of payment.” It is conceded in tbe brief of tbe appellees tbat tbis provision of tbe judgment has no basis in either allegation or proof. Such provision was erroneously inserted and must be stricken from the judgment.

Paragraph 6 of the judgment should be stricken therefrom and the remaining provisions affirmed, and to that end the case is remanded to the Superior Court that judgment may be modified accordingly.

Modified and affirmed.