AIKEN v. ANDREWS

No. 95.

63 S.E.2d 645 (1951)

233 N.C. 303

AIKEN et al. v. ANDREWS et al.

Supreme Court of North Carolina.

March 7, 1951.


Attorney(s) appearing for the Case

E. L. Loftin, Asheville, for plaintiffs, appellees.

Don C. Young and Irwin Monk, Asheville, for defendants, appellants.


STACY, Chief Justice.

The question for decision is whether the evidence, taken in its most favorable light for the defendants, suffices to overcome the demurrer and to carry the case to the jury on the counterclaim. The trial court answered in the negative. We are inclined to a different view.

Defendant's testimony is to the effect that he complied with the terms of the written contract in every respect, that is, he completed the house as agreed, duly executed...

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