Dilling Cotton Mills v. Lowell Cotton Yarn Co.

• Court: North Carolina Supreme Court
• Writing for the Court: PER CURIAM.
• Citation: Dilling Cotton Mills v. Lowell Cotton Yarn Co., 192 N. C. 713, 135 S. E. 770 (N.C. 1926)
• Decision Date: 08 December 1926
• Docket Number: 458.
• Parties: DILLING COTTON MILLS v. LOWELL COTTON YARN CO.

135 S.E. 770

192 N.C. 713

DILLING COTTON MILLS v. LOWELL COTTON YARN CO.

No. 458.

Supreme Court of North Carolina

December 8, 1926

Appeal from Superior Court, Gaston County; Harding, Judge.

Action by the Dilling Cotton Mills against the Lowell Cotton Yarn Company, in which defendant filed a counterclaim. From the judgment for plaintiff on report of the referee, defendant appeals. Affirmed.

Mangum & Denny, of Gastonia, for appellant.

O. Max Gardner, of Shelby, and O. F. Mason and George B. Mason, both of Gastonia, for appellee.

PER CURIAM.

The referee, to whom this action was referred for trial, found as a fact that "no enforceable contract was entered into by and between the plaintiff and defendant on or about January 31, 1918, the basis of defendant's counterclaim." He therefore concluded as a matter of law that the defendant is not entitled to recover any damages of plaintiff as a counterclaim. To this finding of fact and conclusion of law defendant excepted. The judge overruled these exceptions, and defendant upon its appeal to this court assigns same as error.

The referee's conclusion of law that defendant was not entitled to recover damages of plaintiff was manifestly correct, if there was no error in his finding of fact. There was evidence at the hearing before the referee sufficient to support his finding of fact, which was approved by...