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SMITHFIELD OIL COMPANY v. FURLONGE

No. 532.

126 S.E.2d 167 (1962)

257 N.C. 388

SMITHFIELD OIL COMPANY, Inc. v. C. W. FURLONGE and wife, Alice M. Furlonge; and Bettie Jones (unmarried).

Supreme Court of North Carolina.

June 15, 1962.

Attorney(s) appearing for the Case

Herman L. Taylor and Samuel S. Mitchell, Raleigh, for defendant-appellants.

Pope Lyon and Albert A. Corbett, Smithfield, for plaintiff-appellee.

SHARP, Justice.

The defendants list thirteen assignments of error. However, the hub of the appeal is clearly the denial of their motions for nonsuit, and a discussion of the questions raised by these motions will dispose of the other assignments of error.

In support of their motions for nonsuit defendants argue that: (1) the option was personal between the original parties and was not assignable to the plaintiff...

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