Supreme Court of North Carolina, 1922

Burch v. . Bush

Burch v. . Bush
Supreme Court of North Carolina · Decided March 29, 1922 · PER CURIAM.
111 S.E. 873; 183 N.C. 676; 1922 N.C. LEXIS 338 (South Eastern Reporter)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.