Brown v. . Ward

Appellants, in their brief, discuss only the exceptions directed to the alleged error of the court below in granting the motion to dismiss as of nonsuit and in signing judgment thereon. All other exceptions are deemed to be abandoned. Rule 28: In re Beard, 202 N. C., 661, 163 S. E., 748.

In asserting error in the judgment of nonsuit the plaintiffs pose this question: “Does the lease by its terms constitute the lessee an agent of the lessors for the purpose of improving the premises to the extent expressly provided in the lease ?” The question concedes that it is upon this theory, if at all,…