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BRAFFORD v. COOK

No. 525.

62 S.E.2d 327 (1950)

232 N.C. 699

BRAFFORD v. COOK.

Supreme Court of North Carolina.

November 22, 1950.

Attorney(s) appearing for the Case

J. L. Hamme, Gastonia, for plaintiff, appellant.

James Mullen, Gastonia, for defendant, appellee.

STACY, Chief Justice.

It would seem that the trial court was influenced by the defendant's evidence in sustaining his demurrer and entering a compulsory nonsuit. However, as the defendant's evidence is in direct conflict with the evidence of the plaintiff, its credibility is for the jury and it is not to be considered by the court on motion for involuntary nonsuit. Jackson v. Hodges, N.C., 62 S.E.2d 326; Graham v. North Carolina...

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