Hoke v. . Whisnant
Supreme Court of North Carolina
Appeal by both parties from Carter, J., at March Term, 1917, of Caldwell. This is an action to recover damages, the plaintiff alleging that be was induced to pay $1,200 for an interest in a mercantile business by the fraud of the defendants. The defendants denied the allegations of fraud. The plaintiff introduced evidence tending to establish his contentions, and that he had been damaged at least in the sum of $1,200, the amount paid by him to the defendants.
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Appeal by both parties from Carter, J., at March Term, 1917, of Caldwell. This is an action to recover damages, the plaintiff alleging that be was induced to pay $1,200 for an interest in a mercantile business by the fraud of the defendants. The defendants denied the allegations of fraud. The plaintiff introduced evidence tending to establish his contentions, and that he had been damaged at least in the sum of $1,200, the amount paid by him to the defendants. The defendants introduced evidence tending to prove there was' no fraud; that the interest purchased by the plaintiff was worth $1,200…
1Opinion of the CourtAllen, J.
The motion by the plaintiff to set aside the verdict and for a new trial was one addressed to the discretion of the court, and is not reviewable. Billings v. Observer, 150 N. C., 543; Harvey v. R. R., 153 N. C., 574.
Nor can the motion for judgment for $1,200 be allowed, because there is neither finding by the jury nor admission in the pleadings or on the trial that the plaintiff has been damaged $1,200.
On the contrary, while the defendants did not deny that the plaintiff paid $1,200, they contended, and introduced evidence in support of their contention, that the interest in the business…
2Cases cited10 opinions
- Thornton v. . BradySupreme Court of North Carolina · 1888
- Bond v. Pickett Cotton Mills, Inc.Supreme Court of North Carolina · 1914
- Lance v. Butler.Supreme Court of North Carolina · 1904
- Cummings v. . HoffmanSupreme Court of North Carolina · 1893
- Robertson v. HaltonSupreme Court of North Carolina · 1911
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- Jones v. Dixie Fire InsuranceSupreme Court of North Carolina · 1936
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