Caldwell v. . Robinson
Supreme Court of North Carolina
Civil action", tried before Harding, J., at April Term, 1919, of Cababeus, upon exceptions to referee’s report. In January, 1909, the Franklin Improvement Company owned the Franklin Hotel, with the lot on which it was built, containing 3% acres, with other buildings thereon, and about 75 acres of adjoining land, situated in or near the town of Brevard, Transylvania County.
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Civil action", tried before Harding, J., at April Term, 1919, of Cababeus, upon exceptions to referee’s report. In January, 1909, the Franklin Improvement Company owned the Franklin Hotel, with the lot on which it was built, containing 3% acres, with other buildings thereon, and about 75 acres of adjoining land, situated in or near the town of Brevard, Transylvania County. On 7 January, 1909, the defendants purchased said real property, and the furniture in the hotel, at the price of $35,000, through the defendant, T. W. Whit-mire, acting as their agent, he having been instructed to negotiate…
1Opinion of the Court
Walker, J.,
after stating the case: The testimony, upon which Judge Harding based his findings of fact, is not in the transcript, and we must therefore assume that there was sufficient evidence to support them, and this being so, they must be sustained, as we do not review findings of facts in such a case. Dorsey v. Mining Co., 177 N. C., 60, and cases cited; Thompson v. Smith, 156 N. C., 345. It was said in Thompson v. Smith, supra: “If there is any evidence to support the findings, and no error has been committed in receiving or rejecting testimony, and no other question of law is raised…
2Cases cited21 opinions
- McIver v. Young Hardware Co.Supreme Court of North Carolina · 1907
- Journal Publishing Co. v. BarberSupreme Court of North Carolina · 1914
- Pender v. . SpeightSupreme Court of North Carolina · 1912
- Thompson v. . SmithSupreme Court of North Carolina · 1911
- Paton v. RobinsonSupreme Court of Connecticut · 1909
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3Cited by18 opinions
- Bellaire Securities Corp. v. BrownSupreme Court of Florida · 1936
- Vestal v. Moseley Vending MacHine Exchange, Inc.Supreme Court of North Carolina · 1941
- Wallace v. . BennerSupreme Court of North Carolina · 1931
- Wadford v. . GilletteSupreme Court of North Carolina · 1927
- State ex rel. Robertson v. JacksonSupreme Court of North Carolina · 1922
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