FARMERS BANK, ETC. v. Michael T. Brown Distributors

I respectfully dissent. This case was tried by Judge Long, sitting without a jury. He had the duty to pass upon the credibility of the witnesses, to accept or reject testimony. He had to resolve any contradictions in the evidence, and the ultimate issue was for him to find. Cogdill v. Highway Comm. and Westfeldt v. Highway *354Comm., 279 N.C. 313, 182 S.E. 2d 373 (1971); Knutton v. Cofield, 273 N.C. 355, 160 S.E. 2d 29 (1968); Reynolds Co. v. Highway Commission, 271 N.C. 40, 155 S.E. 2d 473 (1967); McCallum v. Insurance Co., 262 N.C. 375, 137 S.E. 2d 164 (1964); Boylan-Pearce, Inc. v. Johnson,…