Kirby v. Winston

ERWIN, Judge.

The trial judge entered the following order:

“Judgment (Filed Sept. 12, 1977)

THIS CAUSE, coming on to be heard and being heard before the Honorable SAMUEL McD. TATE, Judge Presiding over the 22 August 1977, Civil Session of the District Court for Caldwell County, North Carolina; and the court, sitting as judge and jury, finds the following facts.

2. Prior to 22 April 1974, defendant contracted with plaintiff for plaintiff to do grading and hauling work on the above described Avery County lands owned by defendant.

4. On 22, 23, 24, 25 and 26 April 1974 plaintiff and his helper, using…