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CARROLL v. WARRENTON TOBACCO BOARD OF TRADE, INC.

No. 384.

131 S.E.2d 483 (1963)

259 N.C. 692

M.P. CARROLL, Edward M. Moody, and Edward Radford, Co-Partners, trading as Centre Warehouse No. 2 v. The WARRENTON TOBACCO BOARD OF TRADE, INCORPORATED.

Supreme Court of North Carolina.

June 14, 1963.

Attorney(s) appearing for the Case

Zollicoffer & Zollicoffer, Henderson, and Maupin, Broughton, Taylor & Ellis, Greenville, for plaintiff appellants.

John H. Kerr, Jr., Warrenton, and Blackburn & Blackburn, Henderson, for defendant appellee.

BOBBITT, Justice.

The only question for decision by Judge Williams at the hearing on September 6, 1962, was whether defendant should be restrained and enjoined pending the final determination of the action. Findings of fact made by the court at such hearing are not binding on the parties or even proper matters for consideration by the court or jury at the trial on the merits. Huskins v. Hospital, 238 N.C. 357, 362,

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