BANKS v. NOWELL

No. 451.

78 S.E.2d 761 (1953)

238 N.C. 737

BANKS et al. v. NOWELL et al.

Supreme Court of North Carolina.

December 2, 1953.


Attorney(s) appearing for the Case

Brassfield & Maupin, Raleigh, for plaintiffs, appellees.

Howard E. Manning, Raleigh, for defendants, appellants.


DEVIN, Chief Justice.

The plaintiffs' evidence was sufficient to carry the case to the jury, and the motion for judgment of nonsuit was properly denied.

However, the defendants' assignments of error relating to the instructions given the jury by the trial judge require further consideration. The defendants excepted to the following portions of the judge's charge.

"* * * the burden is on the plaintiffs to satisfy you that at all times there was a contract...

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