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FIDELITY BANK OF DURHAM v. BLOOMFIELD

No. 672.

98 S.E.2d 865 (1957)

246 N.C. 492

The FIDELITY BANK OF DURHAM, Trustee, v. I. F. BLOOMFIELD and Peoples Fruit and Produce Market, Inc.

Supreme Court of North Carolina.

June 28, 1957.

Attorney(s) appearing for the Case

E. C. Brooks, Jr., and E. K. Powe, Durham, for defendant, appellant.

Reade, Fuller, Newson & Graham, Durham, for plaintiff, appellee.

PARKER, Justice.

The defendant Bloomfield assigns as error the failure of the court to allow his motion for judgment of nonsuit made at the close of all the evidence. G.S. § 1-183. Bloomfield's contention is that having transferred the lease of 12 September 1951 to the "Peoples Fruit and Pr. Co." on 1 October 1953, he was from that time relieved from any personal obligation to pay rent.

In Annotation 36 A.L.R. 316, this is written: "It is established...

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