STIERS v. MARTIN

No. 7810.

264 F.2d 795 (1959)

Percy T. STIERS, Appellant, v. James I. MARTIN, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 20, 1959.


Attorney(s) appearing for the Case

Clyde T. Rollins and Elizabeth O. Rollins, Greensboro, N. C. (Rollins & Rollins, Greensboro, N. C., on brief), for appellant.

J. Kenneth Lee, Greensboro, N. C., (Major S. High, Greensboro, N. C., on brief), for appellee.

Before SOPER and HAYNSWORTH, Circuit Judges, and BOREMAN, District Judge.


PER CURIAM.

James I. Martin sought to recover from Percy T. Stiers damages in the amount of $10,000 for alleged breach of an oral contract. The case was tried by the Court without a jury and judgment was rendered in favor of Martin for $2,500. Although appellant Stiers was present in court during the trial, he did not take the witness stand to either deny or explain positive and direct testimony as to the alleged breach of the contract. There is no explanation in...

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