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182 N.C. 778

109 S.E 629

Duffy v. . Phipps

Supreme Court of North Carolina

Decided December 7, 1921

Supreme Court of North Carolina · decided 1921-12-07

Appeal by defendant from Finley, J., at tbe May Term, 1921, of GrUILFORD. Civil action to recover damages for an alleged shortage in acreage in a tract of land bought by plaintiff from the defendant. The contract of purchase is set out and construed in this same case as reported on the former appeal in 180 N. 0., 313. Upon trial in the Superior Court, the jury returned the following verdict: “1.

Decided 1921-12-07

Pee CuRiam.

¶1 From a perusal of the record it appears that the cause has been tried in accordance with our former interpretation and construction of the contract of sale entered into between the parties. The case was here before on appeal from a judgment overruling the defendant’s demurrer; and we deem it unnecessary to repeat our previous holding, which has now become the law of the case. Public Service Co. v. Power Co., 181 N. C., 356; Lewis v. Nunn, ante, 119.

¶2 After a full investigation of the defendant’s exceptions and assignments of error, we have discovered no sufficient reason for disturbing the result.

¶3 No error.

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