Penland v. Red Hill Methodist Church
Cases that cite this one
1 later published case cites this decision.
- Simmons v. Lee (N.C. 1949)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The contract is admitted. Defendants plead breach thereof and resulting damages for which they pray judgment. Hence the issues as raised by the pleadings are those raised by the further answer and counterclaim. Plaintiff failed to tender the issues thus raised and to demand jury trial thereon. Booker v. Highlands, 198 N. C., 282, 151 S. E., 635; Brown v. Clement Co., 217 N. C., 47, 6 S. E. (2d), 842. Hence trial by jury was waived.
The court below found that the evidence sustained the findings made by the referee, adopted them as its own, and rendered judgment for defendants on their counterclaim in the amount found to be due. A careful examination of the record fails to disclose error therein.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.