Resort Development Co. v. Parmele

Tbe assignment of error, based upon exception to tbe signing of tbe judgment from wbicb tbis appeal is taken, presents for decision one question: Do tbe facts shown in tbe agreed statement of facts on wbicb tbis controversy without action is predicated, support tbe judgment rendered? Culbreth v. Britt Corp., 231 N.C. 76, 56 S.E. 2d 15; Duke v. Campbell, 233 N.C. 262, 63 S.E. 2d 255; In re Hall, post, 697; and cases cited therein.

While a similar factual situation does not seem to have been presented to tbis Court, we bold that, in tbe light of pertinent statutes, tbe common law, decisions of…