Frey v. Middle Creek Lumber Co.
Supreme Court of North Carolina
Civil actioN, tried on appeal from a justice' of the peace, before W. B. Allen, J., at October Term, 1906, Superior Court ,of SwaiN County. The action was to recover $190, alleged to be due by note of defendant company given to plaintiff, which was unpaid.
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Civil actioN, tried on appeal from a justice' of the peace, before W. B. Allen, J., at October Term, 1906, Superior Court ,of SwaiN County. The action was to recover $190, alleged to be due by note of defendant company given to plaintiff, which was unpaid. Defendant answered, admitting the execution of the note, and setting up a defense by way of counter-claim that the note was given as' part of the purchase price for certain timber contracts held by plaintiff, and that said plaintiff made false and fraudulent representations inducing the sale, as to the quantity of timber covered by the…
1Opinion of the Court
Hoke, J.,
after stating the case: The findings of fact by a referee, when there is evidence tending to support them, affirmed by the Judge on the bearing, are conclusive upon this Court and must be made the basis of the judgment. Harris et al. v. Smith, at this term, reported in current S. E., vol. 57, No. 2.
Tbe referee in tbe case before us reports bis finding of fact No. 12 as follows:
“Twelfth. I find as a fact that in some conversations between the plaintiffs and the defendant’s agent and manager that John Erey told the defendant’s agent that be felt satisfied that there was from 250,000 to…
2Cases cited2 opinions
- May v. . LoomisSupreme Court of North Carolina · 1905
- Lewis v. Clyde Steamship Co.Supreme Court of North Carolina · 1902
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- Williamson v. . BittingSupreme Court of North Carolina · 1912
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