ROSS v. DELLINGER

No. 245.

138 S.E.2d 226 (1964)

262 N.C. 589

William H. ROSS v. Robert C. DELLINGER and Try-Wilk Realty Company, Inc., t/a and d/b/a Capri Motel.

Supreme Court of North Carolina.

October 14, 1964.


Attorney(s) appearing for the Case

Defendant Try-Wilk Realty Company, Inc., appeals, assigning error.

W. Faison Barnes, Leon Olive, Charlotte, for plaintiff appellee.

Weinstein, Waggoner & Sturges, by T. LaFontine Odom, Charlotte, for defendant Try-Wilk Realty Co. Inc.


PER CURIAM:

The corporate defendant assigns as error the failure of the court below to sustain its motion for judgment as of nonsuit, made at the close of plaintiff's evidence and renewed at the close of all the evidence.

Defendant contends that the evidence of the plaintiff was insufficient to show that defendant Dellinger had the authority to have the plaintiff arrested or to prosecute any criminal action on behalf of the corporate defendant.

The...

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