Jones v. . McBee

Defendants except to tbe refusal of tbe court to submit tbe case to tbe jury and to tbe judgment as signed, wbicb presents tbe question: Was plaintiff entitled to judgment on tbe pleadings?

Defendants contend in tbeir brief tbat because tbe plaintiff alleged sbe was entitled to recover under tbe provisions of C. S. of N. C., 6927, tbe defendants bad failed to plead in reduction of tbe damages claimed, tbe expenses incident to tbe removal and sale of tbe mica, wbicb expenses represented a large part of tbe gross receipts from tbe sale of said mica. Tbe defendants baving failed to plead tbe…