CLEMMONS v. GLENS FALLS INSURANCE COMPANY

No. 6813SC371.

163 S.E.2d 425 (1968)

2 N.C. App. 479

Johnny Thomas CLEMMONS, d/b/a Clem's Texaco v. GLENS FALLS INSURANCE COMPANY.

Court of Appeals of North Carolina.

October 9, 1968.


Attorney(s) appearing for the Case

Herring, Walton, Parker & Powell, by William A. Powell, Southport, for plaintiff appellee.

Marshall & Williams, by A. Dumay Gorham, Jr., Wilmington, for defendant appellant.


BROCK, Judge.

Plaintiff's theory of trial and argument in his brief is that someone unlatched the window from the inside of the building while the store was open for business, and came back later to gain entry and exit through the unlatched window. Defendant argues that plaintiff has failed to prove a loss coming within the terms of the policy. Therefore, the only question presented by this appeal is whether plaintiff's evidence, considered in the light most favorable...

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