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SLEDGE v. WAGONER

No. 529.

109 S.E.2d 180 (1959)

250 N.C. 559

Willard Robert SLEDGE v. Bryce WAGONER, P. E. Hodges and J. Bernard Parker, t/a Bus Terminal Restaurants and Modern Grill.

Supreme Court of North Carolina.

June 12, 1959.

Attorney(s) appearing for the Case

Ottway Burton and Don Davis, Asheboro, for plaintiff, appellant.

James B. Lovelace, High Point, for defendants, appellees.

BOBBITT, Justice.

As in Maddox v. Brown, 233 N.C. 519, 521, 64 S.E.2d 864, 865, where the rules applicable are fully stated, decision turns on "whether the evidence on the retrial was substantially the same as, or materially different from, that adduced at the previous trial." See Jernigan v. Jernigan, 238 N.C. 444, 78 S.E.2d 179...

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