CURL v. KEY

No. 8218SC1026.

306 S.E.2d 818 (1983)

James B. CURL, Jr., By and Through his Guardian Ad Litem, Fred CURL, Judy C. Carpenter Cummings, Patty C. Thurston, and Vicki C. Johnson v. Walter Jack KEY and wife, Margaret Key, William C. Ray, Trustee, and W. Marcus Short.

Court of Appeals of North Carolina.

September 20, 1983.


Attorney(s) appearing for the Case

Adams, Kleemeier, Hagan, Hannah & Fouts by John P. Daniel, Greensboro, for plaintiffs.

Short & Simpson by H. Marshall Simpson, Greensboro, for defendants.


WELLS, Judge.

Plaintiffs assign as error that the trial court found as facts that no confidential relationship existed between defendant and plaintiffs, and that defendant exerted no undue influence upon the plaintiffs. Plaintiffs argue there was insufficient evidence in the record to support the findings of fact.

Findings of fact made by the court in a nonjury trial have the force and effect of a jury verdict and are conclusive on appeal if there is evidence...

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