BALLENGER PAV. CO. v. NORTH CAROLINA STATE HY. COM'N

No. 455.

129 S.E.2d 245 (1963)

258 N.C. 691

BALLENGER PAVING COMPANY v. NORTH CAROLINA STATE HIGHWAY COMMISSION.

Supreme Court of North Carolina.

February 1, 1963.


Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Harrison Lewis, Asst. Atty. Gen., John C. Daniel, Trial Atty., for the State.

Maupin, Broughton, Taylor & Ellis, Raleigh, for plaintiff-appellee.


SHARP, Justice.

The defendant has specifically waived its assignment of error 1 and 2 which charged that the facts found by the Board of Review are not supported by competent evidence. The position of the defendant on this appeal is that the Board's findings of fact are supported by competent evidence but that the judge exceeded his jurisdiction by making additional findings of fact upon which he based a new award of $2,000.00 to the plaintiff. The defendant...

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