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LaVANGE v. LENOIR

No. 6930SC389.

170 S.E.2d 622 (1969)

6 N.C. App. 603

Eugene B. LaVANGE v. Catharyn McGill LENOIR.

Court of Appeals of North Carolina.

November 19, 1969.

Attorney(s) appearing for the Case

Monteith, Coward & Coward, by Kent Coward and Thomas W. Jones, Sylva, for plaintiff appellant.

Williams, Morris & Golding, by Robert G. McClure, Jr., and William C. Morris, Jr., Asheville, for defendant appellee.

MORRIS, Judge.

Plaintiff's only contention on appeal is that the court committed prejudicial error in granting defendant's motion for involuntary nonsuit at the close of plaintiff's evidence. This contention must be examined in light of the variance between the allegations contained in plaintiff's complaint and the evidence presented by plaintiff at the trial.

"The rule is well established that judgment of nonsuit is proper when there is a fatal variance...

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