Moore v. H. C. Hower Lumber Co., 191 N.C. 822 (1926)

March 3, 1926 · Supreme Court of North Carolina

191 N.C. 822

C. B. MOORE v. H. C. HOWER LUMBER COMPANY.

(Filed 3 March, 1926.)

Appeal by defendant from Devin, J., at August Term, 1925, of Chatham.

. Civil action tried upon tbe following issue:

“1. Are tbe defendants indebted to the plaintiff; and if so, in wbat sum? Answer: $200.”

From a judgment on tbe verdict in favor of plaintiff, tbe defendant appeals, assigning errors.

Long & Bell for plaintiff.

A. G. Bay for defendant.

Per Curiam.

Tbe plaintiff alleges that be sold tbe defendant a carload of lumber in 1924. This action is to recover tbe purchase price of said lumber.

Tbe defendant’s chief assignment of error, or tbe one most strongly urged on tbe argument and in its brief, is based on tbe exception addressed to tbe refusal of tbe court to grant tbe defendant’s motion for judgment as of nonsuit, made first at tbe close of tbe plaintiff’s evidence and renewed at tbe close of all tbe evidence.

Tbe testimony of tbe plaintiff fully justifies tbe verdict. Its credibility was for tbe j.ury. Shell v. Roseman, 155 N. C., 90; In re Fuller, 189 N. C., p. 512.

No error.