PIEDMONT SUPPLY CO. v. ROZZELL

No. 306.

70 S.E.2d 677 (1952)

235 N.C. 631

PIEDMONT SUPPLY CO., Inc. v. ROZZELL et al.

Supreme Court of North Carolina.

May 21, 1952.


Attorney(s) appearing for the Case

Willis & Geitner, Hickory, for plaintiff appellee.

E. Murray Tate, Jr. and Theodore F. Cummings, Hickory, for defendant appellant.


VALENTINE, Justice.

The appellant assigns as errors, (1) the action of the trial judge in overruling his demurrer and denying his motion for judgment as of nonsuit; and (2) certain portions of the charge on the ground (a) that the trial judge included in his charge statements of fact neither admitted nor shown by the evidence, and (b) that the charge amounted to a peremptory instruction for the plaintiff on the first issue, although the evidence of plaintiff and defendant...

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