TODD v. NATIONWIDE MUTUAL INSURANCE COMPANY

No. 725DC96.

193 S.E.2d 748 (1973)

17 N.C. App. 274

Gleat Morris TODD, t/a Northeast River Esso Station v. NATIONWIDE MUTUAL INSURANCE COMPANY, a corporation.

Court of Appeals of North Carolina.

Certiorari Denied March 6, 1973.


Attorney(s) appearing for the Case

Brown & Culbreth by Stephen E. Culbreth, Wilmington, for plaintiff appellee.

Smith & Spivey by James K. Larrick, Wilmington, for defendant appellant.


Certiorari Denied by Supreme Court March 6, 1973.

PARKER, Judge.

Defendant assigns as error the failure of the trial court to allow its motions for directed verdict and for judgment notwithstanding the verdict.

As its reason for its motion for directed verdict at the close of all the evidence, defendant submitted that plaintiff did not comply with the terms and conditions of the policy and particularly with condition number 4 which provides: "The Insured...

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