ZAGER v. SETZER

No. 678.

88 S.E.2d 94 (1955)

242 N.C. 493

Max ZAGER v. John W. SETZER.

Supreme Court of North Carolina.

June 30, 1955.


Attorney(s) appearing for the Case

Thomas Turner, Greensboro, and Proctor & Dameron, Marion, for defendant, appellant.

Moseley & Edwards and Armistead W. Sapp, Greensboro, for plaintiff, appellee.


JOHNSON, Justice.

Our study of the record leaves the impression that the evidence relied on by the defendant was sufficient to carry the case to the jury on the issues of rescission and damages raised by the further defense and counterclaim.

The evidence discloses that the theatre was operated by C. C. Freeman previous to its acquisition by the defendant. Freeman purchased the equipment on the installment-payment plan from the plaintiff about 15 October, 1951...

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