
    W. E. McNEILL v. R. H. SUTHERLAND.
    (Filed 3 January, 1940.)
    Appeal by defendant from Alley, J., at July Term, 1939, of Ashe.
    Affirmed.
    Civil action to recover damages for breach of contract.
    Plaintiff alleges and offered evidence tending to show that on 3 July, 1937, defendant contracted and agreed to sell to him 180 head of beef cattle at 8c per pound, for delivery from tbe first to tbe fifteenth of October, 1937; that tbe defendant breached tbe contract, notifying tbe plaintiff by letter 7 September, 1937, that be bad sold tbe cattle to another; and that be bad been damaged thereby. Tbe defendant contended and offered evidence tending to show that be bad negotiated with tbe plaintiff for tbe sale of said cattle to tbe State, through plaintiff as agent, but that as a condition precedent tbe contract was to be in writing and signed by an official of tbe State; that no such contract was executed and none exists.
    Appropriate issues were submitted to and answered by tbe jury in favor of tbe plaintiff. From judgment thereon tbe defendant appealed.
    
      C. W. Higgins, Ira T. Johnston, and W. B. Austin for plaintiff, appellee.
    
    
      Bowie & Bowie for defendant, appellant.
    
   Per Curiam.

Tbe controverted issues of fact have been submitted to and determined by a jury adversely to tbe defendant. After a careful examination of tbe several assignments of error we are of tbe opinion that they fail to disclose substantial or harmful error in tbe trial.

Tbe judgment below is

Affirmed.  