Walter Turner Coffee Co. v. Thompson

The contract set up by the defendants is discussed in the case of Thompson v. Turner, 245 N.C. 478, 96 S.E. 2d 263. We refrain from further discussion of the merits in order that neither party may be prejudiced at the final hearing. This Court is not bound by the findings of fact made at the trial below; it “. . . nevertheless indulges the presumption that the findings of the hearing judge are correct, and requires the appellant to assign and show error . . .” Huskins v. Hospital, 238 N.C. 357, 78 S.E. 2d 116.

We have a right to assume the trial court dissolved the order in the exercise of a…