Geiger v. . Caldwell
Supreme Court of North Carolina
Appeal by defendant from Long, J., at September Term, 1922, of RICHMOND. Civil action, beard on tbe report of a referee.
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Appeal by defendant from Long, J., at September Term, 1922, of RICHMOND. Civil action, beard on tbe report of a referee. Tbe case is tbis: On 27 September, 1918, defendant sold to plaintiff a certain lot in Hamlet, N. 0., known as No. 81, for a stipulated price, on wbicb plaintiff made payments and tben gave bis note for tbe balance, wbicb was $4,750, due 27 December, 1918, with interest, and to secure tbe same be executed a deed to E. A. Harrill, as trustee, for said lot, witb power of sale, wbicb was duly registered. At tbe time of said purchase there was on tbe lot a dwelling-house, wbicb…
1Opinion of the Court
"WalKER, J.
Tbe referee (Mr. Lawrence) acted wisely in presenting a report in tbe alternative views based on tbe construction of tbe arbitration and award and tbe evidence. He held himself bound by tbe award, and in this be was also correct, but we are of tbe opinion that tbe arbitrators adopted a mistaken view of tbe arbitration. It is clear from tbe terms of tbe submission to them that tbe plaintiff was not to be allowed a credit of more than $750 for work done by him on the balance of the debt due by him to Caldwell. This, it seems to us, is the plain and only allowable construction of the…
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