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JONES v. HOME BUILDING & LOAN ASS'N OF THOMASVILLE

No. 382.

114 S.E.2d 638 (1960)

252 N.C. 626

Robert L. JONES, Jr., through his Guardian, Blanche I. Jones (Holtz), and Blanche I. Jones (Holtz), Individually, v. HOME BUILDING & LOAN ASSOCIATION OF THOMASVILLE, North Carolina.

Supreme Court of North Carolina.

June 10, 1960.

Attorney(s) appearing for the Case

Stoner & Wilson, Lexington, and Wilson & Saintsing, Thomasville, for plaintiffs, appellees.

E. W. Hooper, L. Roy Hughes, Thomasville, and Charles W. Mauze, Lexington, for defendant, appellant.

PARKER, J.

Defendant, as it had a right to do (G.S. § 1-134; Howze v. McCall, 249 N.C. 250, 106 S.E.2d 236), filed in the Supreme Court a demurrer ore tenus to the complaint, and an amendment thereto allowed by the trial court in its discretion after the close of all the evidence introduced by plaintiffs and defendant, for the reason that the complaint, and the amendment thereto, does...

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