State's Prison v. . Hoffman

ALLEN, J., dissenting; HOKE, J., concurring in the dissenting opinion. Action upon contract for sale and delivery of goods, wherein the defendants set up a counterclaim for damages for the plaintiff's failure to deliver in accordance with its terms.

The defendants appealed from the following judgment:

This case coming on to be heard, and being heard before his Honor,Stephen C. Bragaw, judge presiding, and a jury, at the April Term, 1912, of WAKE.

After the conclusion of the evidence, the following admissions having been made for the respective parties, the plaintiff and the defendant, through…