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GROSSMAN v. JOHNSON

No. 35.

89 S.E.2d 141 (1955)

242 N.C. 571

Lester GROSSMAN, t/a Lester Grossman Company, v. M. J. JOHNSON, Individually, and M. J. Johnson and Doris Johnson, t/a Colonial Motor Court, and Doris Johnson, Individually.

Supreme Court of North Carolina.

September 21, 1955.

Attorney(s) appearing for the Case

Robert B. Lowry, Elizabeth City, Gerald F. White, for appellee.

J. T. Chaffin, Elizabeth City, for appellants.

DENNY, Justice.

This appeal requires an answer to these questions: 1. Did the court below commit prejudicial error by entering on its own motion a judgment as of nonsuit on the defendants' counterclaim? 2. Did the court err in giving peremptory instruction on the issue submitted?

The defendants alleged in their counterclaim that the "29 Simmons Simfoam mattresses and box springs were at the time of delivery to the defendants of the value of $140.65, or some...

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