WARNER v. W & O, INCORPORATED

No. 101.

138 S.E.2d 782 (1964)

263 N.C. 37

Frederick WARNER and wife, Elizabeth L. Warner, John Xenakis and wife, Georgia Xenakis, William H. Haggard and wife, Blanche Haggard, v. W & O, INCORPORATED and Frederick Steiner.

Supreme Court of North Carolina.

November 25, 1964.


Attorney(s) appearing for the Case

James S. Howell and Harold K. Bennett, Asheville, for appellants.

John S. Stevens and William M. Styles, Asheville, for appellees.


RODMAN, Justice.

The quoted findings listed by the court as facts are, in reality, legal conclusions determinative of the rights of the parties. Plaintiffs' exceptions to the findings and their assignments of error necessitate an examination of the facts, those stipulated and found by the court, to ascertain if the quoted conclusions are correct. The listing of what is in reality a legal conclusion as a fact, when contrary to the facts stipulated and not supported...

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