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WAYNE FINANCE CORPORATION v. SHIVAR

No. 704SC245.

174 S.E.2d 876 (1970)

WAYNE FINANCE CORPORATION v. Damon SHIVAR, Joe W. Allen, and W. Victor Venters, t/as Jacksonville Wholesale Auction Company.

Court of Appeals of North Carolina.

June 24, 1970.

Attorney(s) appearing for the Case

Sasser, Duke & Brown, by John E. Duke, and Herbert B. Hulse, Goldsboro, for plaintiff-appellant.

Venters & Dotson, by Carl V. Venters, Jacksonville, for defendant Jacksonville Wholesale Auction Co.

VAUGHN, Judge.

The plaintiff contends that the trial court committed error in allowing the defendant's motion for judgment of nonsuit. The following testimony presented by plaintiff is pertinent.

Mr. H. Blair Stevens, an employee of Wayne Finance Company, testified:

"* * * At that time I gave Mr. Shivar these titles I had no chattel mortgage recorded at that time. In the titles, when I returned them to...

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