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GREAT AMER. INS. CO. v. HOLIDAY MOTORS OF HIGH POINT

No. 437.

142 S.E.2d 13 (1965)

264 N.C. 444

GREAT AMERICAN INSURANCE COMPANY v. HOLIDAY MOTORS OF HIGH POINT, INC., and Robert Bishop.

Supreme Court of North Carolina.

May 19, 1965.

Attorney(s) appearing for the Case

Bencini, Wyatt & Tate, High Point, for defendant appellant.

Womble, Carlyle, Sandridge & Rice, by Allan R. Gitter, Winston-Salem, for plaintiff appellees.

RODMAN, Justice.

Defendant's failure to demand a jury trial, as provided by G.S. § 1-539.5, constituted a waiver of that right. The facts found by the court are amply supported by the evidence. They are conclusive and binding on us. Johnson v. Johnson, 262 N.C. 39, 136 S.E.2d 230. The exception to the judgment raises the question: Are the facts found...

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