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Penland v. Red Hill Methodist Church

RHEA PENLAND, Trading as BURNSVILLE CONSTRUCTION CO., v. RED HILL METHODIST CHURCH and RABURN YELTON, W. B. GREENE, RUSSELL WOODY, H. S. GORTNEY, WILLARD YOUNG, DONT WHITSON, WALTER GARLAND and NATHAN YELTON, Trustees and Members of the Building Committee of RED HILL METHODIST CHURCH

Penland v. Red Hill Methodist Church, 41 S.E.2d 654 (N.C. 1947)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
March 19, 1947
Judges
PER CURIAM.
Citations
41 S.E.2d 654227 N.C. 6991947 N.C. LEXIS 376

Opinion of the Court — Per Curiam

Per Curiam.

The contract is admitted. Defendants plead breach thereof and resulting damages for which they pray judgment. Hence the issues as raised by the pleadings are those raised by the further answer and counterclaim. Plaintiff failed to tender the issues thus raised and to demand jury trial thereon.

Booker v. Highlands, 198 N. C., 282 , 151 S. E., 635 ;

Brown v. Clement Co., 217 N. C., 47 , 6 S. E. (2d), 842 . Hence trial by jury was waived.

The court below found that the evidence sustained the findings made by the referee, adopted them as its own, and rendered judgment for defendants on their counterclaim in the amount found to be due. A careful examination of the record fails to disclose error therein.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1949: 119492026peak 1949 · 1

Relies on it most ⓘ

  1. Simmons v. Lee53 S.E.2d 79 (N.C. 1949)

Most recent

  1. Simmons v. Lee53 S.E.2d 79 (N.C. 1949)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Brown v. E. H. Clement Co., 6 S.E.2d 842 (N.C. 1940) 20
Booker v. Town of Highlands, 151 S.E. 635 (N.C. 1930) 19

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