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NORBURN v. MACKIE

No. 111.

141 S.E.2d 877 (1965)

264 N.C. 479

Charles S. NORBURN and wife, Helen J. Norburn, v. Paul E. MACKIE, Ruth M. Mackie, and Horace J. Isenhower, Sr.

Supreme Court of North Carolina.

May 19, 1965.

Attorney(s) appearing for the Case

Williams & Pannell, Newton, for defendant appellants Paul E. Mackie and Ruth M. Mackie.

Sigmon & Sigmon, Newton, for defendant appellant Horace J. Isenhower.

Williams, Williams & Morris, Asheville, for plaintiff appellees.

PER CURIAM.

The Court properly overruled the motions for nonsuit. The evidence on the first trial, in support of plaintiffs' claim, is stated in the opinion reported 262 N.C. 16, 136 S.E.2d 279. The evidence at the second trial was, in all material respects, the same. The conclusion reached on the first appeal that plaintiffs "are entitled to have their case submitted to a jury" is the law of the...

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