WILKINS v. COMMERCIAL FINANCE CO.

No. 739.

75 S.E.2d 118 (1953)

237 N.C. 396

WILKINS et al. v. COMMERCIAL FINANCE CO., Inc.

Supreme Court of North Carolina.

Rehearing Denied June 12, 1953.


Attorney(s) appearing for the Case

Eugene H. Phillips, Winston-Salem, for the plaintiffs, appellants.

William S. Mitchell, Winston-Salem, for the defendant, appellee.


ERVIN, Justice.

The assignment of error based on the entry of the compulsory nonsuit is the only one requiring elaboration. The answer to the problem posed by this assignment of error is to be found in this well settled rule of law: "Since a party must succeed, if at all, on the case, claim, or defense set up in the pleadings, regardless of what is disclosed or established by the evidence, proofs, in order to be effectual, must correspond substantially with the allegations...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases