HOLSHOUSER v. MORGAN

No. 532.

138 S.E.2d 822 (1964)

263 N.C. 98

Rosa Morgan Henderson HOLSHOUSER v. Fannie J. MORGAN, Individually and as Executrix of the Estate of Love Hill, Deceased.

Supreme Court of North Carolina.

November 25, 1964.


Attorney(s) appearing for the Case

Woodson, Hudson & Busby, Salisbury, for plaintiff appellee.

Graham M. Carlton, Salisbury, for defendant appellant.


PER CURIAM.

The complaint, when considered in the light most favorable to plaintiff, alleged facts sufficient to constitute a cause of action; and the evidence, when considered in the light most favorable to plaintiff, was sufficient to require that the court submit the issues for jury determination. Hence, defendant's demurrer to complaint "for failure * * * to allege a cause of action," and defendant's motion for judgment of nonsuit, were properly overruled.

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