CLONTZ v. KRIMMINGER

No. 244.

116 S.E.2d 804 (1960)

253 N.C. 252

Isaac Avery CLONTZ v. N. B. KRIMMINGER, Trading and Doing Business as Krimminger Candy Company, and Paul Judson Smith, Original Defendants, and David Lee Stilwell, Additional Defendant.

Supreme Court of North Carolina.

November 2, 1960.


Attorney(s) appearing for the Case

Sedberry, Sanders & Walker, Charlotte, for plaintiff appellee.

R. Cartwright Carmichael, Jr., Kennedy, Covington, Lobdell & Hickman, Charlotte, for original defendants appellants.

Carpenter & Webb, Charlotte, for additional defendant appellee.


WINBORNE, Chief Justice.

Of the many assignments of error set forth in the record of case on appeal, the determinative question is predicated upon exceptions to the trial court's denial of defendants' motion for judgment as of nonsuit first made at the close of plaintiff's evidence, and aptly renewed at the close of all the evidence.

Taking the evidence offered upon the trial in the light most favorable to plaintiff and giving to him the benefit of every reasonable...

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