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HORNE v. CLONINGER

No. 316.

123 S.E.2d 112 (1961)

256 N.C. 102

Joseph Frederick HORNE and wife, Dixie Smith Horne v. C. A. CLONINGER, Jr.

Supreme Court of North Carolina.

December 13, 1961.

Attorney(s) appearing for the Case

Richard A. Williams, Newton, for defendant, appellant.

Corne & Warlick, by Thomas W. Warlick, Newton, for plaintiffs, appellees.

HIGGINS, Justice.

The court correctly held the evidence sufficient to go to the jury on the issues of fraud and damages (Brooks v. Ervin Construction Co., 253 N.C. 214, 116 S.E.2d 454) but insufficient on punitive damages (Swinton v. Savoy Realty Co., 236 N.C. 723, 73 S.E.2d 785). The charge on the issue of fraud was correct and in...

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