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U.S. FID. & GUAR. v. TRAVEL-ON MOTORCYCLE CO.

No. 7514SC786.

222 S.E.2d 277 (1976)

28 N.C. App. 638

UNITED STATES FIDELITY AND GUARANTY COMPANY et al., Plaintiffs, v. TRAVEL-ON MOTORCYCLE COMPANY, INC., Defendant.

Court of Appeals of North Carolina.

March 3, 1976.

Attorney(s) appearing for the Case

Spears, Spears, Barnes, Baker & Boles by J. Bruce Hoof, Durham, for plaintiffs-appellants United States Fidelity and Guaranty Co. and United States Fire Insurance Co.

Richard M. Taylor, Jr., Chapel Hill, for plaintiffs-appellants Efthimious and Virginia Mariakakis.

Mount, White, King, Hutson, Walker & Carden by W. H. Lambe, Jr., and R. Hayes Hofler, III, Durham, for defendant-appellee.

HEDRICK, Judge.

This appeal presents the question of whether the court erred in allowing the defendant's motion for a directed verdict at the close of plaintiffs' evidence. At trial the plaintiffs offered evidence tending to show the following.

Pursuant to a lease agreement with Efthimious and Virginia Mariakakis entered on 11 December 1969, Travel-On Motorcycle Company occupied part of a building located near U.S. 15-501 at Eastgate Shopping Center in Chapel...

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