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SHOFFNER v. MANN

No. 603.

111 S.E.2d 543 (1959)

251 N.C. 462

Charlie SHOFFNER v. Carl W. MANN and Marvin W. Mann, Individually and Trading and Doing Business as Mann Insurance and Real Estate Company.

Supreme Court of North Carolina.

December 16, 1959.

Attorney(s) appearing for the Case

Comer & Comer, by Wm. E. Comer, Greensboro, for plaintiff, appellant.

Allen & Allen, by Louis C. Allen, Jr., Burlington, for defendants, appellees.

PER CURIAM.

Attention is called to the fact the suit is against the brokers who negotiated the insurance contract and not against the Virginia Mutual Insurance Company, the insurer. The right to cancel is reserved to the insurer. The right to cancel being conceded, it appears any cause of action would be limited to the recovery of the unearned premium. The plaintiff's evidence showed he had received credit on another policy for the full amount due him. The plaintiff...

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