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210 N.C. 821

185 S.E 433

Patrick v. . Lamm

Supreme Court of North Carolina

Decided April 29, 1936

Supreme Court of North Carolina · decided 1936-04-29

Decided 1936-04-29

Per Curiam.

¶1 An examination of the testimony of the plaintiff and that of the witnesses offered in bis behalf fails to show evidence sufficient to be submitted to the jury that plaintiff by either written or oral agreement retained title to the property sold, or reserved or acquired a lien therein in any manner recognized by the law. Nor does the evidence sustain bis allegation that the provision for retention of title was omitted from the written contract by mutual mistake or the mistake of draftsman. Defendant admits that be owes the balance on the purchase price of the personal property. Plaintiff replies that by reason of the insolvency of defendant that admission is worthless. We are unable to relieve the plaintiff of the consequences of a bad bargain.

¶2 Affirmed.

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