WACHOVIA BANK & TRUST CO. v. SMITH

No. 793SC145.

262 S.E.2d 646 (1980)

WACHOVIA BANK & TRUST COMPANY, N. A. v. Charlie SMITH, Jr. and wife, Betty W. Smith v. Tom TUNSTALL, Trading and doing business as Tom's Mobile Home Sales.

Court of Appeals of North Carolina.

February 5, 1980.


Attorney(s) appearing for the Case

Davis, Hassell & Hudson by Charles R. Hassell, Jr., Raleigh, and Brock, Foy & Proctor by Louis F. Foy, Jr., and Jimmie C. Proctor, Trenton, for defendants-appellants.

Dunn & Dunn by Raymond E. Dunn, New Bern, for third party defendant-appellee.


CLARK, Judge.

A threshold consideration in this appeal is whether the trial court erred in granting Tunstall's motions for directed verdict on the issues of fraud and unfair or deceptive trade practices. It is the well-established rule that in determining the sufficiency of evidence to withstand a defendant's motion for directed verdict under G.S. 1A-1, Rule 50, all the evidence which supports the plaintiff's claim must be taken as true and considered in the light...

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