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D.L.H., INC. v. MACK TRUCKS, INC.

No. 683SC257.

164 S.E.2d 532 (1968)

3 N.C. App. 290

D.L.H., INC. v. MACK TRUCKS, INC. and Raleigh Mack Sales.

Court of Appeals of North Carolina.

December 18, 1968.

Attorney(s) appearing for the Case

Robert G. Bowers, New Bern, for plaintiff appellant.

Ward & Tucker by J. E. Tucker, David L. Ward, Jr., and J. Troy Smith, Jr., New Bern, for defendant, Mack Trucks, Inc., appellee.

CAMPBELL, Judge.

"`On a motion for judgment of compulsory nonsuit, plaintiff's evidence is to be taken as true, and considered in the light most favorable to him, giving him the benefit of every fact and inference of fact pertaining to the issues which may be reasonably deduced from the evidence. Plaintiff's evidence must be considered in the light of his allegations to the extent the evidence is supported by the allegations...

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