# Atkinson v. City of Asheville

> Supreme Court of North Carolina · June 28, 1933 · 205 N.C. 36

URL: https://www.frixlaw.com/law-library/cases/3666209

## Case

- **Full name:** E. B. ATKINSON Et Al. v. THE CITY OF ASHEVILLE Et Al.
- **Court:** Supreme Court of North Carolina
- **Decided:** June 28, 1933
- **Citations:** 205 N.C. 36; 169 S.E. 801; 1933 N.C. LEXIS 453
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Stacy
- **Judges:** Stacy
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3666209

## Opinion text

*37
Stacy, C. J.
There is allegation to the effect, and the evidence permits the inference, though it may not compel the conclusion, that the sale in question was without adequate warrant of law; that the price paid was grossly excessive; that at least two of the city officials, to the knowledge of the other defendants, were financially interested in the transaction; and that the interests of the city of Asheville were not properly eared for by those of the defendants charged with such duty.
This evidence, it would seem, is sufficient to carry the case to the jury under the principles announced in
Brown v. R. R.,
188 N. C., 52 , 123 S. E., 633 ,
S. v. Williams,
153 N. C., 595 , 68 S. E., 900 , and differentiates it from
Harrison v. New Bern, 193
N. C., 555, 137 S. E., 582 , cited and relied upon by defendants.
¥e refrain from a discussion of the evidence, as its credibility is for the jury.
Reversed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3666209. Public record. Not legal advice.