Pure Oil Co. v. Baars

It is conceded that the right to a jury trial has been preserved and that it should be accorded, unless upon the whole record the plaintiff is entitled to recover in accordance with the ruling below.

The allegations of imposition rest upon the legal effect of naming plaintiff's attorney trustee in the deed of trust, and the significance of the automatic renewal provision in the option to purchase. The defend ants say tbat the trustee is a representative of the plaintiff, which converts the deed of trust into a mortgage as a matter of law, Mills v. B. & L. Asso., 216 N. C., 664, 6 S. E. (2d),…