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209 N.C. 301

183 S.E 364

Gaskins v. . Lancaster

Supreme Court of North Carolina

Decided January 22, 1936

Supreme Court of North Carolina · decided 1936-01-22

Decided 1936-01-22

Stacy, C. J.,

¶1 after stating the case: Was it error, upon a volte face by defendant, to refuse to undo in May what was done at his instance in February? The defendant invokes the sanction applied in Thompson v. Funeral Home, 208 N. C., 178, 179 S. E., 801. Plaintiff relies upon the doctrine announced in Rand v. Gillette, 199 N. C., 462, 154 S. E., 746. The motion was addressed to the sound discretion of the trial court, and is not reviewable on appeal. Goodman v. Goodman, 201 N. C., 808, 161 S. E., 686.

¶2 Appeal dismissed.

Devin, J., took no part in the consideration or decision of this case.
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