Cannon v. Bowen, 196 N.C. 802 (1928)

Sept. 26, 1928 · Supreme Court of North Carolina
196 N.C. 802

R. C. CANNON & SONS v. D. F. BOWEN.

(Filed 26 September, 1928.)

Appeal by defendant from Daniels, J., at February Term, 1928, of G-REENE.

No error.

J. Paul Frizzelle for plaintiffs.

P. B. Hines for defendant.

Per Curiam.

Tbe plaintiffs alleged that tbe defendant was indebted to tbem in tbe sum of $599.58 with interest. Tbe defendant admitted that be bad become responsible to tbe plaintiffs for advancements made on merchandise sold bis tenants to tbe amount of $630 and on bis personal account to tbe amount of $31.30; but be alleged that this amount ($661.30) bad been paid. Tbe plaintiffs claimed that tbe defendant’s entire indebtedness bad been $1,260.88, but that it has been reduced by this payment to $599.58. Tbe controversy involved an issue of fact, which, under correct instructions, was answered by tbe jury in favor of tbe plaintiffs. We find

No error.