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MATHIS v. SISKIN

No. 129.

150 S.E.2d 24 (1966)

268 N.C. 119

E. J. MATHIS, doing business as Asheville Elevator Service, v. Morley SISKIN, and Jack Schulman and wife, Evelyn Schulman.

Supreme Court of North Carolina.

September 21, 1966.

Attorney(s) appearing for the Case

Prince, Jackson, Youngblood & Massagee, Hendersonville, Williams, Williams & Morris, by Ann H. Phillips and William C. Morris, Jr., Asheville, for appellant.

Van Winkle, Walton, Buck & Wall, by O. E. Starnes, Jr., Asheville, for appellees.

LAKE, Justice.

There was no error in the denial of Jack Schulman's motion for judgment of nonsuit. The contract states expressly that the "Owner" agrees to make payments of the purchase price and identifies "Owner" as Jack Schulman and wife. Siskin testified that he was acting as Schulman's agent and Schulman instructed him to have this contract prepared and to sign it for him. The plaintiff testified that Schulman telephoned him and cancelled the contract the day...

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