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BLOUNT v. TYNDALL

No. 753SC92.

214 S.E.2d 265 (1975)

25 N.C. App. 559

William Oscar BLOUNT, Administrator of the Estate of Pearlie Mae Blount, v. Eddie Howard TYNDALL and Dewey Bros., Inc. William O. BLOUNT v. Eddie Howard TYNDALL and Dewey Bros., Inc.

Court of Appeals of North Carolina.

May 7, 1975.

Attorney(s) appearing for the Case

James, Hite, Cavendish & Blount by Robert D. Rouse, III, Greenville, for plaintiffs.

Gaylord & Singleton by Danny D. McNally, Greenville, for defendants.

BROCK, Chief Judge.

Plaintiffs assign as error that the instructions to the jury by the trial court were so ambiguous and confusing that they caused the jury to return verdicts which plaintiffs contend are inconsistent. Specifically plaintiffs except to the following language reported to have been used by the trial court in its instructions:

"In each action the defendant has filed what is called a counterclaim, and it is also suing the plaintiff in each action...

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