CATHEY v. SHOPE

No. 113.

78 S.E.2d 135 (1953)

238 N.C. 345

CATHEY v. SHOPE et ux.

Supreme Court of North Carolina.

October 14, 1953.


Attorney(s) appearing for the Case

Don C. Young, Asheville, for plaintiff appellee.

Fisher & Fowler and Harold K. Bennett, Asheville, for defendants appellants.


BARNHILL, Justice.

The court below gave a peremptory instruction in favor of the plaintiff. Exception thereto poses this question for decision: Does all the competent testimony in this cause, considered in the light most favorable to defendants, tend to show that defendants are indebted to plaintiff in the sum of $3,675? The court below, by its instruction, answered in the affirmative. We agree.

The defendants listed their property for sale with plaintiff...

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