McBride v. Williams, 222 N.C. 755 (1942)

Dec. 2, 1942 · Supreme Court of North Carolina

222 N.C. 755

MARTHA L. McBRIDE, JOSEPHINE L. TIMMONS, H. K. HELMS, Administrator of the Estate of HARRISON LOWERY, Deceased; ELVY LOWERY, Widow, and J. C. LOWERY, LONIE LOWERY, ROSALIE LOWERY, ELIHU LOWERY and BRENTON LOWERY, the Last Two Named Appearing by Their Next Friend, ELVY LOWERY, Heirs at Law of HARRISON LOWERY, Deceased, v. JESSE A. WILLIAMS.

(Filed 2 December, 1942.)

Appeal by plaintiffs from Rousseau, J., at February Term, 1942, of UNION.

Civil action to recover damages for alleged breach of alleged parol trust agreement to convey land.

In tbe trial court, for its verdict on this issue, “Did tbe defendant contract and agree with plaintiffs to convey lands described in complaint, in consideration of payment by plaintiffs of balance owing on note secured by deed of trust on said property and tbe expenses of foreclosure?” tbe jury answered “No.”

Plaintiffs moved to set aside this verdict as being contrary to tbe weight of tbe evidence. Tbe trial judge denied tbe motion, and plaintiffs excepted and appeal to Supreme Court and assign error.

O. L. Richardson, G. T. Carswell, and Joe W. Ervin for plaintiffs, appellants.

W. B. Love and J. F. Milliken for defendant, appellee.

Per Curiam.

Assignments for error pertain to tbe denial of plaintiffs’ motion to set aside tbe verdict as being against tbe weight of tbe evidence. Such motion is addressed to tbe discretion of tbe trial judge, whose ruling, in the exercise of such discretion, in the absence of abuse thereof, is final and binding on appeal. Such abuse does not appear. Upon all of the evidence, it was a case for the jury.

Affirmed.