SOUTHERN BOX AND LUMBER CO. v. HOME CHAIR CO.

No. 169.

108 S.E.2d 70 (1959)

250 N.C. 71

SOUTHERN BOX AND LUMBER COMPANY v. HOME CHAIR COMPANY, Inc.

Supreme Court of North Carolina.

April 8, 1959.


Attorney(s) appearing for the Case

Stevens, Burgwin & McGhee, Wilmington, for plaintiff, appellee.

McElwee & Feree, North Wilkesboro, for defendant, appellant.


PARKER, Justice.

Defendant assigns as error findings of fact Numbers 4, 5, 7 and 8. Defendant contends, among other contentions, that an examination of findings of fact Numbers 3, 5 and 8 shows "that these findings of fact are predicated on issues which do not arise on the pleadings and with respect to which the defendant had no opportunity to make preparation."

When the parties in the instant case waived a jury trial, pursuant to G.S. §§ 1-184,...

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