HARRELL v. DAVENPORT

No. 828SC176.

299 S.E.2d 308 (1983)

Roy Lee HARRELL v. William A. DAVENPORT, Jr. and North Carolina Farm Bureau Mutual Insurance Company.

Court of Appeals of North Carolina.

February 1, 1983.


Attorney(s) appearing for the Case

Wilton R. Duke, Jr., Farmville, for plaintiff-appellant.

Fred W. Harrison, Kinston, for defendant-appellee Davenport.

Speight, Watson & Brewer by Susan Parrott Carlton and William C. Brewer, Jr., Greenville, for defendant-appellee North Carolina Farm Bureau Mut. Ins. Co.


WELLS, Judge.

The threshold substantive question before us is whether, under the forecast of evidence before the trial court, the statements and conduct of defendant Davenport might be construed as an undertaking to procure a policy of insurance on plaintiff's tractors. In Wiles v. Mullinax, (first appeal), 267 N.C. 392, 148 S.E.2d 229 (1966), our Supreme Court recited the rule applicable to...

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