(Filed 4 January, 1933.)
Appeal by plaintiff from MacBae, Special Judge, at June Special Term, 1932, of MeckleNbukg.
Civil action to recover damages, arising ex contractu, and tried upon the following issue :
“Did tbe plaintiff and defendant enter into an agreement for tbe sale of tbe property described in tbe complaint, as alleged in tbe complaint? Answer: No (by direction of tbe court).”
From judgment on tbe verdict, tbe plaintiff appeals, assigning errors.
Scarborough & Boyd and Fred. II. Hasty for plaintiff.
A. L. Quiclcel for defendant.
PeR Curiam.
In addition to being somewhat involved, the plaintiff’s testimony falls short of establishing the contract as alleged, which would entitle him to recover for its breach. The case presents a simple question of the sufficiency of tbe evidence to warrant a recovery.
No error.