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PEELE v. SMITH

No. 7511SC446.

218 S.E.2d 418 (1975)

27 N.C. App. 274

James Lester PEELE v. Harold Laverne SMITH et al.

Court of Appeals of North Carolina.

Discretionary Review Denied December 2, 1975.

Attorney(s) appearing for the Case

Teague, Johnson, Patterson, Dilthey & Clay by I. E. Johnson, Robert W. Sumner, Raleigh, and T. Yates Dobson, Jr., Smith-field, for plaintiff appellee.

Young, Moore & Henderson by B. T. Henderson, II, and R. Michael Strickland, Raleigh, for defendant appellants.

Discretionary Review Denied by Supreme Court December 2, 1975.

HEDRICK, Judge.

Defendants assign as error the denial of their motion for a directed verdict. Because of the error hereinafter discussed requiring a new trial, we think it sufficient to say that the record contains sufficient evidence to require submission of this case to the jury. This assignment of error is overruled.

Defendants assign as error the action of the court in allowing the...

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