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SMITH v. VonCANNON

No. 7319DC45.

194 S.E.2d 362 (1973)

17 N.C. App. 438

Thomas SMITH and Jeannie Ruth Heggins v. Gordon T. VonCANNON and Kirk's Taxi Service, Inc.

Court of Appeals of North Carolina.

March 22, 1973.

Attorney(s) appearing for the Case

Burke & Donaldson, by Arthur J. Donaldson, Salisbury, for plaintiff appellants.

Kluttz & Hamlin, by Lewis P. Hamlin, Jr., and Richard R. Reamer, Salisbury, for defendant appellees.

CAMPBELL, Judge.

Agency is a fact to be proved as any other, and where there is no evidence presented tending to establish an agency relationship the alleged principal is entitled to a directed verdict. Lindsey v. Leonard, 235 N.C. 100, 68 S.E.2d 852 (1952). The directed verdict in favor of defendant Kirk's Taxi Service, Inc., was therefore proper.

The plaintiffs contend that defendant VonCannon...

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