#### J. B. COLT CO., Inc., v. J. S. PROCTOR.

(Filed 17 September, 1924.)

Appeal by defendant from Bond, J., at February Term, 1924, of Nash.

Civil action tried upon the following issue: “Is the defendant, Proctor, indebted to the plaintiff company, and if so, in what amount ?” “Yes, $196.35, with interest.”

Judgment on the verdict for plaintiff. Defendant appeals.

Battle & Winslow, J. B. Ramsey and J. M. Alexander for plaintiff. E. B. Grantham for defendant.

Pee Cueiam.

This is a simple action of debt. The contract between the parties was in wilting, and is identical in terms with the instrument which was construed in Colt v. Turlington, 184 N. C., 137. we have found nothing on the record which entitles the defendant to anew trial. The verdict and judgment will be upheld.

No error.