McDonough Construction Co. of Florida v. Hanner

EDWIN M. STANLEY, Chief Judge.

This is an action by the plaintiff, a Florida corporation, against the defendant, a citizen and resident of North Carolina, to recover damages for breach of contract to submit a dispute to arbitration.

At the final pre-trial conference, the parties stipulated that the issue of liability should be heard and determined by the court without a jury, and that in the event the issue of liability was determined favorably to the plaintiff, the issue of damage would then be determined by a jury unless the parties stipulated that the issue might be determined by the court…