BAKER v. MALAN CONSTRUCTION CORPORATION

No. 19.

121 S.E.2d 731 (1961)

255 N.C. 302

R. C. BAKER, t/a Baker Oil Company, v. MALAN CONSTRUCTION CORPORATION.

Supreme Court of North Carolina.

September 20, 1961.


Attorney(s) appearing for the Case

Jordan, Dawkins & Toms, Raleigh, for defendant-appellant.

Walter H. Oakey, Hertford, and John H. Hall, Elizabeth City, for plaintiff-appellee.


BOBBITT, Justice.

The assignment of error directed to the denial of defendant's motion for judgment of nonsuit is overruled. While diverse inferences may be drawn therefrom, the evidence, when considered in the light most favorable to plaintiff, was sufficient to require submission of the case to the jury on appropriate issues and under proper instructions. In this connection, see Peele v. Powell, 156 N.C. 553, 73 S.E. 234, Id.,

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