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JAMES C. GREENE COMPANY v. KELLEY

No. 461.

134 S.E.2d 166 (1964)

261 N.C. 166

JAMES C. GREENE COMPANY, a North Carolina Corporation, v. L. E. KELLEY, Jr.

Supreme Court of North Carolina.

January 17, 1964.

Attorney(s) appearing for the Case

Smith, Leach, Anderson & Dorsett, Raleigh, for plaintiff appellant.

Lake, Boyce & Lake, by G. Eugene Boyce, Raleigh, Harvey Hamilton, Jr., Luther Hamilton, Sr., Morehead City, for defendant appellee.

HIGGINS, Justice.

The plaintiff sought to restrain the defendant from engaging in the business of adjusting insurance claims and losses within 75 miles of Morehead City for a period of four years after the termination of his employment. No other relief was sought. If the plaintiff's proof fails to entitle it to the relief sought, nonsuit was proper. Failure to make out a case requires dismissal by the court. Yandell v. American Legion, 256 N.C. 691...

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