#### DAVIS BROTHERS CHEESE COMPANY v. J. H. CULBRETH et al.

(Filed 15 November, 1922.)

Verdict — Issues of Fact — Appeal and Error.

Appeal by defendants from Cownor, J., at February Term, 1922, of CumbeRlaNB.

Civil action in assumpsit, tried upon tbe following issues :

“1. Did plaintiff deliver to tbe defendants 50 boxes of cbeese, in accordance witb defendants’ order? Answer: 'Yes.’

“2. In wbat sum, if any, are defendants indebted to plaintiff? Answer : ‘$323.64, and interest.’ ”

Judgment on tbe verdict in favor of tbe plaintiff, from wbicb tbe defendants appealed.

Cooh & Cooh for plaintiff.

Oates ,& Herring for defendants.

Pee OueiaM.

Tbe controversy, on trial, narrowed itself to questions of fact, wbicb bave been settled by tbe verdict. After a careful perusal of tbe record, we are convinced tbat tbe case bas been tried in substantial conformity to tbe law as bearing on tbe subject, and we bave found no sufficient reason for disturbing tbe result below.

No error.