Culver v. Jennings, 157 N.C. 565 (1911)

Dec. 6, 1911 · Supreme Court of North Carolina

157 N.C. 565

S. W. CULVER v. R. D. JENNINGS.

(Filed 6 December, 1911.)

1. Reference — Findings—Evidence—Appeal and Error.

Findings of tbe referee approved and adopted by tbe judge upon any competent evidence are not reviewable on appeal.

2. Deeds and Conveyances — Breach of Contract — Damages—Attorney’s Fees.

As to whether tbe plaintiff is chargeable with costs and attorney’s fees as damages for the breach of warranty of title to land set up in his counterclaim, see, as controlling, Wiggins v. Pender, 132 N. C., 628; Jones v. Balsley, 154 N. C., 61.

Appeal from Long, J.-, at Spring Term, 1911, of "Watauga.

Civil action beard upon exceptions to tbe report of J. C. Fletcber, referee.

Tbe reference was by consent. Exceptions were filed by plaintiff. His Honor overruled all tbe exceptions, and affirmed and approved tbe findings of fact and rendered judgment against tbe defendant for $70.76 and adjudged tbat to be a lien on tbe land described in pleading, and also gave judgment against defendant for tbe additional sum of $10.05 due on open account.

Tbe plaintiff appealed.

T. L. Love and T. A. Love for plaintiff.

L. D. Lowe for defendant.

Pee Cubiak.

All tbe exceptions to tbe referee’s report except one are to bis findings of fact. As sucb findings upon examination were approved and adopted by tbe judge of tbe Superior Court, and as there is some evidence to support tbem, tbe action of bis Honor will not be reviewed by tbis Court.

Tbe only exception to any conclusion of law wbicb we find in tbe record presents tbe question as to wbetber tbe plaintiff is chargeable with costs and áttorney’s fees as damages for tbe breach of warranty of title to land set up in bis counterclaim.

Tbis is expressly decided in Wiggins v. Pender, 132 N. C., 628; Jones v. Balsley, 154 N. C., 61.

Affirmed.