SIMMONS v. MORTON

No. 68SC46.

161 S.E.2d 222 (1968)

1 N.C. App. 308

Charles B. SIMMONS, Sr. and wife, Sylvia W. Simmons v. Hugh MORTON, Agnes M. Morton and Agnes M. Cocke.

Court of Appeals of North Carolina.

May 22, 1968.


Attorney(s) appearing for the Case

Aaron Goldberg and James L. Nelson, Wilmington, for plaintiffs appellants.

Hogue, Hill & Rowe, by William L. Hill, II, Wilmington, for defendants appellees.


BRITT, Judge.

Although plaintiffs made thirteen assignments or error, their crucial assignment is that the trial court committed error in allowing defendants' motion for judgment as in case of nonsuit. We hold that the trial court properly allowed defendants' motion.

Defendants contend that plaintiffs failed to show agency between Mrs. Lucy B. Johnson and the defendants, particularly the feme defendants; they also contend that plaintiffs' attempt to impose...

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