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HERRING v. VOLUME MERCHANDISE, INC.

No. 308.

106 S.E.2d 197 (1958)

249 N.C. 221

Lula H. HERRING, Widow, Forest Herring and wife, Dorothy B. Herring, Jasteel H. Fields and husband, Jesse Fields, Eunice W. Hodges, Widow, Persis H. Crawford and husband, P. H. Crawford, Jr., and Mary H. Warren and husband, A. D. Warren, Jr. v. VOLUME MERCHANDISE, INC., a Corporation, and Efird's Department Store of Kinston, N. C., Inc., a Corporation, John M. Belk, R. L. Mansfield, and Gibson L. Smith.

Supreme Court of North Carolina.

December 10, 1958.

Attorney(s) appearing for the Case

White & Aycock, Kinston, for plaintiff appellants.

Dawson & Cowper, Kinston, for Volume Merchandise, Inc.

David M. McConnell and John L. Green, Jr., Charlotte, for other defendant appellees.

RODMAN, Justice.

The court has authority to decide issues of law raised by the pleadings, but when the pleadings present disputed factual questions a party who has not waived his rights is entitled to have a jury decide the controversy. G.S. § 1-172. Phillips v. Gilbert, 248 N.C. 183, 102 S.E.2d 771; Erickson v. Starling, 235 N.C. 643, 71 S.E.2d...

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