AHOSKIE PRODUCTION CREDIT ASSOCIATION v. WHEDBEE

No. 169.

110 S.E.2d 795 (1959)

251 N.C. 24

AHOSKIE PRODUCTION CREDIT ASSOCIATION v. E. D. WHEDBEE; Marietta H. Whedbee; Rich Square Bonded Warehouse; Y. D. Pendleton, Manager of Rich Square Bonded Warehouse; A. B. Fairley, State Warehouse Superintendent; Edwin Gill, Treasurer of State of North Carolina; Jones, Son & Company, Inc.; and Indemnity Insurance Company of North Carolina.

Supreme Court of North Carolina.

October 14, 1959.


Attorney(s) appearing for the Case

Cherry & Cherry, Ahoskie, for plaintiff appellee.

Malcolm B. Seawell, Atty. Gen., T. W. Bruton, Asst. Atty. Gen., and Charles D. Barham, Staff Atty., Raleigh, for defendant appellant.

Gay, Midyette & Turner, Jackson, for Y. D. Pendleton, Mgr. of Rich Square Bonded Warehouse, Jones, Son & Company, Inc., and Rich Square Bonded Warehouse, appellees.

T. Lacy Williams, Raleigh, for Indemnity Ins. Co. of North America, appellee.


RODMAN, Justice.

The exception to finding of fact no. 23, made by the court, raises two questions: (1) Was the court authorized to find any fact in addition to the facts agreed; (2) if so, were the agreed facts sufficient to support the factual inference (finding no. 23) which the court drew from the agreed facts?

The agreement in this case provides: "It is agreed that the foregoing facts shall constitute and be the evidence in this case and that trial by...

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