PINYAN v. SETTLE

No. 602.

139 S.E.2d 863 (1965)

263 N.C. 578

Wade Hampton PINYAN v. Henry Clay SETTLE.

Supreme Court of North Carolina.

January 29, 1965.


Attorney(s) appearing for the Case

Jordan, Wright, Henson & Nichols, by Welch Jordan, Greensboro, for defendant appellant.

Frazier & Frazier, by H. Vernon Hart, Greensboro, for plaintiff appellee.


PARKER, Justice.

Defendant assigns as error the denial of his motion for judgment of compulsory nonsuit entered at the close of all the evidence. Plaintiff's evidence, and the allegations of fact in his complaint, which the answer admits to be true, and defendant's testimony favorable to plaintiff (Bundy v. Powell, 229 N.C. 707, 51 S.E.2d 307), show the following facts:

In April 1961, Kyle's Amoco Service Station...

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