J. Herbert Bate Co. v. Bryant
J. Herbert Bate Co. v. Bryant
129 S.E. 814; 190 N.C. 868; 1925 N.C. LEXIS 220
(South Eastern Reporter)
J. Herbert Bate Co. v. Bryant
Opinion of the Court
The remainder judgment for the difference between plaintiff’s claim and defendant’s counterclaim, is sanctioned by what is said in Sewing Machine Co. v. Burger, 181 N. C., 241.
The controversy on trial narrowed itself to issues of fact, which the jury alone could determine. The evidence was plenary and conflicting on both issues. There is no reversible error appearing on the record. The exceptions relating to the exclusion of evidence must be resolved in favor of the validity of the trial. The verdict and judgment will be upheld.
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.