Southern Box and Lumber Co. v. Home Chair Co.

Defendant assigns as error findings of fact Numbers 4, 5, 7 and 8. Defendant contends, 'among other contentions, that an examination of findings of fact Numbers 3, 5 and 8 shows “that these findings of fact are predicated on issues which do not arise on the pleadings rand with respect to which the defendant had no opportunity to make preparation.”

When the parties in the instant ease waived a juiy trial, pursuant to G.S. 1-184—1-185, the effect of it was to invest the judge with the dual capacity of judge and juror. It is familiar learning that if the plaintiff is to succeed at all, whether-…