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DOUGLASS v. BROOKS

No. 528.

87 S.E.2d 258 (1955)

242 N.C. 178

Katherine Goins DOUGLASS v. Nolan BROOKS, Hazeline B. Chambers and husband, Osbia Chambers.

Supreme Court of North Carolina.

May 4, 1955.

Attorney(s) appearing for the Case

Henry L. Kiser, Bessemer City, for plaintiff appellee.

L. B. Hollowell and J. L. Hamme, Gastonia, for defendant appellants.

BOBBITT, Justice.

Appellants do not assign as error the denial of their motions for judgment of involuntary nonsuit. However, they seek indirectly to avail themselves of the accepted rule that a motion for judgment of involuntary nonsuit will be allowed when there is a material variance between allegation and proof. Andrews v. Bruton, 242 N.C. 93, 86 S.E.2d 786, and cases cited. Their contention is...

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