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WIDENER v. FOX

No. 7121SC390.

181 S.E.2d 731 (1971)

11 N.C. App. 525

Franklin Delano WIDENER v. Judy FOX and Jerry M. Fox.

Court of Appeals of North Carolina.

June 23, 1971.

Attorney(s) appearing for the Case

White, Crumpler & Pfefferkorn by James G. White, Winston-Salem, and Michael J. Lewis, for plaintiff appellant.

Allan R. Gitter and Eddie C. Mitchell, Winston-Salem, Womble, Carlyle, Sandridge & Rice, Winston-Salem, of counsel, for defendant appellees.

PARKER, Judge.

The evidence in this case, even when considered in the light most favorable to the plaintiff, was insufficient as a matter of law to justify a verdict for the plaintiff. The judgment directing verdict for defendants was therefore proper. Kelly v. International Harvester Co., 278 N.C. 153, 179 S.E.2d 396. Not only was there insufficient evidence from which the jury could legitimately...

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