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,
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