Affirmed on authority of same case, Burch v. Bush, 181 N. C., 125.
No error.
Burch v. Bush, 183 N.C. 676 (1922)
March 29, 1922
·
Supreme Court of North Carolina
183 N.C. 676
W. A. BURCH, Administrator, v. J. D. BUSH.
(Filed 29 March, 1922.)
Appeal by defendant from Bond, J., at November Term, 1921, of FbankliN, in an action to recover moneys alleged to be due the plaintiff, and withheld by the defendant, on a logging and lumbering contract.
Upon denial of liability and issues joined, the jury returned the following verdict:
“1. "Was the administratrix of S. L. Burch really able and willing to finish cutting the timber according to contract? Answer: ‘Yes.’
“2. "Was the administratrix of S. L. Burch kept from cutting the timber according to contract by any act of the defendants Bush & Company? Answer: ‘Yes.’
*677“3. "What damage, if any, did defendants Bush & Company sustain by failure of administratrix of Burcb to cut said timber according to contract? Answer: Nothing.’
“4. "What sum was withheld by defendants Bush & Company under 10 per cent clause of contract? Answer: '$445.’
“5. In what sum, if anything, is estate of S. L. Burch indebted to defendants Bush & Gompany by reason of overpayments on measurements? Answer: Nothing.’”
From a judgment on the verdict in favor of plaintiff, the defendant appealed.
William H. and Thomas W. Ruffin for plaintiff.'
Willis Smith for defendant.