COFIELD v. GRIFFIN

No. 22.

78 S.E.2d 131 (1953)

238 N.C. 377

COFIELD et al. v. GRIFFIN et ux.

Supreme Court of North Carolina.

October 14, 1953.


Attorney(s) appearing for the Case

W. C. Morse, Jr., Elizabeth City, and Weldon A. Hollowell, Edenton, for plaintiffs, appellees.

J. N. Pruden, Edenton, and LeRoy & Goodwin, Elizabeth City, for defendants, appellants.


ERVIN, Justice.

The only assignments of error requiring elaboration are those which challenge the sufficiency of the evidence of the plaintiffs to carry the case to the jury and support the verdict on the issue of fraud.

The essential elements of fraud are these: (1) That defendant made a representation relating to some material past or existing fact; (2) that the representation was false; (3) that when he made it, defendant knew that the representation was...

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