Lynn v. Kitchen Lumber Co., 186 N.C. 784 (1923)

Dec. 20, 1923 · Supreme Court of North Carolina
186 N.C. 784

W. P. LYNN v. KITCHEN LUMBER COMPANY.

(Filed 20 December, 1923.)

Appeal by defendant from Bryson, J., at June Term, 1923, of Graham.

Civil action, to recover damages for an alleged breach of contract relating to the cutting and hauling of certain cord-wood.

Upon denial of liability and issues joined, the jury returned the following verdict:

“1. Did the defendant enter into the contract with plaintiff, as alleged in the complaint ? Answer: ‘Yes.’

“2. Did the defendant breach its contract with the plaintiff? Answer: ‘Yes.’

*785“3. What damages, if any, is tbe plaintiff entitled to recover of tbe defendant by reason of said breach? Answer: ‘$924.50.’ ”

From a judgment on tbe verdict in favor of plaintiff, tbe defendant appealed.

T. M. J enkins and J. N. Moody for plaintiff.

R. L. Phillips for defendant.

Feb Curiam.

A careful perusal of tbe present record leaves us witb tbe impression tbat tbe case bas been tried substantially in accordance witb tbe law bearing on tbe subject, and tbat tbe validity of tbe trial should be sustained. All matters in dispute have been settled by tbe verdict, and no action or ruling on tbe part of tbe trial court bas been discovered by us which we apprehend should be held for reversible error.

Tbe verdict and judgment will be upheld.

No error.