POWELL v. CLARK

No. 318.

122 S.E.2d 706 (1961)

255 N.C. 707

Will L. POWELL, Plaintiff, v. Ernest Oliver CLARK and wife, Mary Powell Clark, Defendants.

Supreme Court of North Carolina.

November 22, 1961.


Attorney(s) appearing for the Case

John H. McMurray, Morganton, for plaintiff, appellee.

Patton & Ervin, Morganton, for defendants, appellants.


BOBBITT, Justice.

This Court is of opinion that the evidence, when considered in the light most favorable to plaintiff, was sufficient to require submission of the case to the jury. Hence, the assignment of error directed to denial of defendants' motion for judgment of nonsuit is overruled. Since a new trial is awarded for reasons stated below, we refrain from a discussion of the evidence presently before us. Tucker v. Moorefield, 250 N.C. 340

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