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LAMB v. STAPLES

No. 21.

72 S.E.2d 219 (1952)

236 N.C. 179

LAMB v. STAPLES et al.

Supreme Court of North Carolina.

September 17, 1952.

Attorney(s) appearing for the Case

Howard W. Dobbins, Richmond, and J. W. Jennette, Elizabeth City, for plaintiff, appellant.

J. Henry LeRoy, Elizabeth City, for defendants, appellees.

JOHNSON, Justice.

This appeal challenges the action of the lower court in (1) allowing the motion for nonsuit at the close of the plaintiff's evidence, and (2) excluding testimony proffered by the plaintiff.

1. The Question of Nonsuit.—The contract declared on binds the defendants to sell and the plaintiff to purchase certain timber on a 1200-acre tract of land in Camden County, North Carolina, for the sum of $45,000, payable $10,000 cash on...

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