General Specialities Co. v. Nello L. Teer Co.

MARTIN (Harry C.), Judge.

Neither party requested a jury trial and the case was tried by Judge Lewis deciding both questions of law and fact. Where the trial judge sits as the trier of the facts, his findings of fact are conclusive on appeal when supported by competent evidence. This is true even though there may be evidence in the record to the contrary which could sustain findings to the contrary. Whitaker v. Earnhardt, 289 N.C. 260, 221 S.E. 2d 316 (1976); Associates, Inc. v. Myerly and Equipment Co. v. Myerly, 29 N.C. App. 85, 223 S.E. 2d 545, dis. rev. denied and appeal dismissed, 290…