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DURHAM v. CREECH

No. 7611SC605.

231 S.E.2d 163 (1977)

32 N.C. App. 55

Delmas DURHAM and wife, Irene W. Durham v. Margie M. CREECH (Widow) et al.

Court of Appeals of North Carolina.

January 5, 1977.

Attorney(s) appearing for the Case

L. Austin Stevens and E. V. Wilkins, Smithfield, for plaintiffs-appellants.

James A. Wellons, Jr., and William R. Britt, Smithfield, for Willie Floyd Smith and Mildred Parrish Smith, defendants-appellees.

ARNOLD, Judge.

Plaintiffs assign error to the directed verdict in favor of defendants. Defendants' motion for directed verdict measures the sufficiency of the evidence according to this test: is the evidence, when considered in the light most favorable to plaintiffs, sufficient as a matter of law to support a jury verdict in plaintiffs' favor. If it is, the jury must be given the evidence for its consideration and decision. If it is not, the court must enter a directed...

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