#### NOLAND COMPANY, INCORPORATED v. MARSH FURNITURE COMPANY, a corporation.

(Filed 6 May, 1959.)

Appeal by defendant from Phillips, J., at October 20, 1958, Civil Term of Gtjilfoed— Greensboro Division.

Civil laotion to recover $1,905.10 on alleged breach of contract as set forth in complaint. Defendant answering, denies allegations of complaint, and averred matter in affirmative defense and for counterclaim.

The parties waived jury trial and agreed that the court sitting without a jury should hear and determine the controversy, and make its findings of fact and'answer the issues arising herein. And the parties stipulated and agreed upon a statement of facts.

After hearing, the court having answered the issues in favor of the plaintiff, as appears of record, ordered, adjudged and decreed that the plaintiff have and recover of defendant the sum for which judgment is prayed in the complaint. To the judgment 'and the signing thereof defendant excepts and 'appeals to Supreme Court, and assigns error.

*278 Wharton & Wharton, A. L. Purrington, Jr., for plaintiff, appellee.

Roberson, Haworth & Reese for defendant, appellant.

Pek Cukiam.

After careful consideration of the matters to which assignments of error relate, error is not made to appear. Hence the judgment from which'appeal is taken is

Affirmed.