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SALEM REALTY COMPANY v. BATSON

No. 391.

123 S.E.2d 744 (1962)

256 N.C. 298

SALEM REALTY COMPANY, Inc. v. W. K. BATSON, Trading as W. K. Batson Company, and Equitable Fire and Marine Insurance Company.

Supreme Court of North Carolina.

February 2, 1962.

Attorney(s) appearing for the Case

Wood & Stone, Winston-Salem, for plaintiff, appellee.

Fletcher, Lake & Boyce, Raleigh, for defendant Equitable Fire & Marine Ins. Co., appellant.

BOBBITT, Justice.

Equitable contends the court erred (1) in overruling its motion for judgment of nonsuit, and (2) in rulings relating to certain evidence.

The original contours of the land had been leveled by "cuts" and "filling in," and the streets had been rough-graded but not paved, when Batson's work began.

R. W. Clayton, plaintiff's secretary and general manager, executed said contract in plaintiff's behalf and acted for plaintiff in its dealings...

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