Burch v. . Bush

Supreme Court of North Carolina
Burch v. . Bush, 111 S.E. 873 (N.C. 1922)
183 N.C. 676; 1922 N.C. LEXIS 338
PER CURIAM.

Burch v. . Bush

Opinion of the Court

Upon denial of liability and issues joined, the jury returned the following verdict:

"1. Was the administratrix of S. L. Burch really able and willing to finish cutting the timber according to contract? Answer: `Yes.'

"2. Was the administratrix of S. L. Burch kept from cutting the timber according to contract by any act of the defendants Bush Company? Answer: `Yes.'

"3. What damage, if any, did defendants Bush Company sustain by failure of administratrix of Burch to cut said timber (677) according to contract? Answer: `Nothing.'

"4. What sum was withheld by defendants Bush Company under 10 per cent clause of contract? Answer: `$445.' *Page 724

"5. In what sum, if anything, is estate of S. L. Burch indebted to defendants Bush Company by reason of overpayments on measurements? Answer: `Nothing.'"

From a judgment on the verdict in favor of plaintiff, the defendant appealed. Affirmed on authority of same case, Burch v. Bush, 181 N.C. 125.

No error.

Reference

Full Case Name
W. A. Burch, Administrator v. J. D. Bush.
Status
Published