{
  "id": 8629796,
  "name": "BLAND B. PRUITT, Trading as PRUITT LUMBER COMPANY, v. J. A. RAY and Wife, MARY MAGGIE RAY",
  "name_abbreviation": "Pruitt v. Ray",
  "decision_date": "1949-04-20",
  "docket_number": "",
  "first_page": "322",
  "last_page": "323",
  "citations": [
    {
      "type": "official",
      "cite": "230 N.C. 322"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "184 S.E. 480",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "209 N.C. 746",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        2221385,
        2221617
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/209/0746-02",
        "/nc/209/0746-01"
      ]
    },
    {
      "cite": "36 S.E. 2d 657",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "226 N.C. 102",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8613594
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/226/0102-01"
      ]
    }
  ],
  "analysis": {
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    "simhash": "1:be1d947b23fe9cfd",
    "word_count": 436
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  "last_updated": "2023-07-14T15:28:13.210119+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "BLAND B. PRUITT, Trading as PRUITT LUMBER COMPANY, v. J. A. RAY and Wife, MARY MAGGIE RAY."
    ],
    "opinions": [
      {
        "text": "Per CuRiam.\nThe only question involved on this appeal is whether or not- the court below committed error in denying plaintiff\u2019s motion to set aside the verdict and for a new trial.\nThe plaintiff\u2019s contentions were submitted to the jury on a proper issue and in a charge which he concedes to be free from error.\nThere was no question of law or legal inference involved in the motion lodged below. Consequently it was addressed to the sound discretion of tbe trial judge, whose ruling, in the absence of abuse of discretion, is not reviewable on appeal. No abuse of discretion is shown. G.S. 1-207; Ziglar v, Ziglar, 226 N.C. 102, 36 S.E. 2d 657; Anderson v. Holland, 209 N.C. 746, 184 S.E. 480.\nThe judgment below is\nAffirmed.",
        "type": "majority",
        "author": "Per CuRiam."
      }
    ],
    "attorneys": [
      "Hamilton Hobgood for plaintiff.",
      "Edward F. Griffin for defendants."
    ],
    "corrections": "",
    "head_matter": "BLAND B. PRUITT, Trading as PRUITT LUMBER COMPANY, v. J. A. RAY and Wife, MARY MAGGIE RAY.\n(Filed 20 April, 1949.)\nTrial \u00a7 i8% \u2014\nWhere a party\u2019s motion to set aside the verdict involves no question of law or legal inference, such motion is addressed to the sound discretion of the trial court and its ruling thereon is not subject to review in the absence of abuse of discretion. G.S. 1-207.\nAppeal by plaintiff from Harris, J., at December Term, 1948, of FRANKLIN.\nCivil action to recover for' an alleged balance due on goods sold and delivered.\nThe plaintiff alleges, and his evidence tends to show, that during the months of November and December, 1941, he sold and delivered to the defendants certain building materials; that several payments were made or credits allowed on the account during said period, and that on 5 December, 1947, the defendant J. A. Ray went to the office of the plaintiff and requested C. B. Ray, Jr., an agent and employee of the plaintiff, to give him a statement of his account. The employee examined the ledger and prepared a statement showing a balance due the plaintiff of $459.72. The defendant J. A. Ray thereupon issued a check to the plaintiff for $459.72, and noted thereon \u201caccount in full\u201d; and the employee of plaintiff gave him a receipt therefor, marked \u201caccount paid in full.\u201d- It was discovered thereafter that invoices totaling $277.18 had not been posted or charged to the account of the defendants, and were therefore not included in the statement rendered. The plaintiff made demand for the payment of this additional sum. Payment was refused.\nThe jury returned a verdict in favor of the defendants. The plaintiff moved to set aside the verdict. Motion denied. Plaintiff appeals and assigns error.\nHamilton Hobgood for plaintiff.\nEdward F. Griffin for defendants."
  },
  "file_name": "0322-01",
  "first_page_order": 378,
  "last_page_order": 379
}