General Metals, Inc. v. Truitt Manufacturing Co.

The parties waived a jury trial and consented that the presiding judge should hear the evidence, answer the issues raised by the pleadings, and render judgment. The consent order required the trial court to sit as both judge and jury.

In passing on the appeal from the judgment, we may assume, since nothing appears to the contrary, that the careful and experienced presiding judge disregarded any incompetent evidence which may have crept into the record and based his findings exclusively on competent evidencie. Chappell v. Winslow, 258 N.C. 617, 129 S.E. 2d 101; Bizzell v. Bizzell, 247 N.C. 590,…