HAAS v. SMITH

No. 307.

69 S.E.2d 714 (1952)

235 N.C. 341

HAAS v. SMITH.

Supreme Court of North Carolina.

March 26, 1952.


Attorney(s) appearing for the Case

W. H. Strickland, Lenoir, for defendant-appellant.

Benjamin Beach, Lenoir, for plaintiff-appellee.


JOHNSON, Justice.

Decision here turns on the defendant's exception to the ruling of the trial court in sustaining the demurrer ore tenus to the counterclaim for betterments.

The demurrer was properly sustained under application of the principles of law applied and explained by Winborne, J., in Grimes v. Guion, 220 N.C. 676, 18 S.E.2d 170, where the facts are strikingly similar to those in the instant case.

Further discussion of the controlling...

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