Grubb v. Cecil, 202 N.C. 826 (1932)

Feb. 17, 1932 · Supreme Court of North Carolina
202 N.C. 826

CICERO GRUBB et al. v. D. O. CECIL.

(Filed 17 February, 1932.)

Appeal by defendant from Sink, J., at April Special Term, 1931, of Davidson.

Civil action tried upon the following issues:

“1. Did the plaintiffs and the defendant enter into the contract as alleged in the complaint? Answer: Yes.

“2. If so, did the defendant breach said contract as alleged in the complaint? Answer: Yes.

“3. If so, what damages, if any, are the plaintiffs entitled to recover of the defendant? Answer: $500.”

From a judgment on the verdict, the defendant appeals, assigning errors.

H. B. Kyser for plaintiffs.

Walser & Walser, Phillips & Bower and Walser & Casey for defendant.

*827Pee Cueiam.

Tbe dispute was essentially one of fact, determinable alone by tbe jury. A careful perusal of tbe record leaves us witb tbe impression tbat tbe ease bas been tried substantially in accord witb tbe decisions and principles applicable. Tbe verdict and judgment will be upheld.

No error.