114 S.E. 754 | N.C. | 1922
On 10 March, 1920, the plaintiff sold to the defendant a lease on the Clarissa Mica Mine at the agreed price of $20,000, of which one-fourth was paid in cash and the remainder evidenced by three promissory notes, each in the sum of $5,000, payable respectively four, eight, and twelve months after date. The defendant paid the first two of these notes and declined to pay the third. The plaintiff then brought suit, and the defendant resisted judgment on the ground that the execution of the note had been procured by the fraud of the plaintiff's officers and agents. The execution of the note was admitted. The jury answered the issue as to fraud in favor of the defendant, and assessed its consequent damage at $5,000. Before the judgment was signed, the plaintiff made a motion to set aside the verdict and award a new trial on the ground that the verdict was contrary to the weight of the evidence. The motion was overruled, and the plaintiff excepted. The denial of this motion was discretionary and not appealable, no abuse of discretion being shown. Clothing Co. v. Bagley,
We find no error which entitles the plaintiff to a new trial.
*492No error.