Howerton v. H. Scherer & Co.
Supreme Court of North Carolina
Appeal by defendant from Coohe, J., at April Term, 1915, of Durham. Civil action, tried upon these issues: 1. Is the defendant indebted to the plaintiff, as alleged? If so, in what amount? Answer: “$300.” 2. Is the plaintiff indebted to the defendant by way of counterclaim, as alleged? If so, in what amount? Answer: “Nothing.” The defendant appealed.
1Per curiam
This action was brought to recover from the defend-' ants the sum of $345, with interest, alleged to be due for the balance of the salary and traveling expense which the defendants are alleged to have contracted to pay tbe plaintiff. There are no exceptions to tbe evidence, and tbe matter seems to be almost exclusively of fact. Tbe defendant assigns error “to tbe failure of bis Honor to properly instruct tbe jury as to tbe weight and effect of tbe contract introduced in tbe evidence.” Tbis is a broadside exception, and under our rulings need not be considered by us. Nevertheless, we have…
2Cases cited1 opinion
- Ives v. RailroadSupreme Court of North Carolina · 1906
3Cited by2 opinions
- Efird v. Board of CommissionersSupreme Court of North Carolina · 1940
- Harris v. Carolina Power & Light Co.Supreme Court of North Carolina · 1956