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JORDAN v. MAYNARD

No. 457.

56 S.E.2d 26 (1949)

231 N.C. 101

JORDAN v. MAYNARD et al.

Supreme Court of North Carolina.

November 9, 1949.

Attorney(s) appearing for the Case

Simms & Simms, Raleigh, for plaintiff appellee.

Smith, Leach & Anderson, Raleigh, for defendant appellants.

BARNHILL, Justice.

The defendant insurance company, in this Court, interposed demurrer ore tenus for that the complaint fails to state a cause of action against it in that the alleged promise by its agent, if made, was without consideration and is therefore unenforceable. The demurrer is well advised and must be sustained. Stonestreet v. Southern Oil Co., 226 N.C. 261, 37 S.E.2d 676.

So far as this record discloses, the insurance company was under no contractual...

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