Beeson Hardware Co. v. Burtner

Pee Cueiam.

The judgment to which the defendant, D. H. Burtner, excepted, and from which he appealed to this Court, is supported by the facts established by the verdict of the jury on the trial of this action. The judgment must be affirmed, unless there was error in the trial of tbe issues submitted to the jury. Rutherford Hospital v. The Florence Mills, 186 N. C., 554, 120 S. E., 212.

We find no error in the trial. There was no substantial controversy as to the facts. In Granite Co. v. Bank, 172 N. C., 354, 90 S. E., 312, it is said: “It is immaterial whether the contractor had been paid up in…