KEITH v. WILDER

No. 242.

86 S.E.2d 444 (1955)

241 N.C. 672

H. M. KEITH and J. H. Wicker T/A Keith and Wicker, v. M. O. WILDER, Wade Wilder, John Snipes and C. S. Gaines and H. B. Gaines, T/A Gaines Lumber Company.

Supreme Court of North Carolina.

March 23, 1955.


Attorney(s) appearing for the Case

Hoyle & Hoyle and J. G. Edwards, Sanford, for plaintiff-appellees.

Gavin, Jackson & Gavin, Sanford, for defendant-appellants.


DEVIN, Justice.

The defendants demurred ore tenus on the ground that insufficient facts were alleged in the complaint to sustain an action for damages for fraud, and again at the conclusion of all the evidence moved for judgment of nonsuit on the ground that the evidence was insufficient to warrant its submission to the jury. The trial judge overruled the demurrer and denied the motion to nonsuit.

The assignments of error based on these rulings cannot...

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