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DUCKWORTH v. METCALF

No. 363.

150 S.E.2d 485 (1966)

268 N.C. 340

Howard J. DUCKWORTH, Plaintiff, v. James P. METCALF and William L. Courtney, Defendants.

Supreme Court of North Carolina.

October 19, 1966.

Attorney(s) appearing for the Case

Patton, Ervin & Starnes, Morganton, for defendant appellant.

Byrd, Byrd & Ervin, Morganton, for defendants appellees.

LAKE, Justice.

There was no error in the denial of the motion by Metcalf for a judgment of nonsuit. Upon such motion, the evidence offered by the plaintiff must be taken to be true and considered in the light most favorable to him and evidence offered by the defendant tending to contradict or rebut the plaintiff's evidence must be disregarded. Bennett v. Young, 266 N.C. 164, 169, 145 S.E.2d 853, and...

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