BORDERS v. NEWTON

No. 8321DC897.

315 S.E.2d 731 (1984)

Belinda BORDERS and Benjamin Cox v. P.J. NEWTON, Craig V. Murray, Walter V. Murray, Martha Ann Murray, Annie Mae Laughorn, and Newton Brothers Real Estate Company.

Court of Appeals of North Carolina.

June 5, 1984.


Attorney(s) appearing for the Case

Legal Aid Society of Northwest North Carolina, Inc. by Jane R. Wettach and Ellen W. Gerber, Winston-Salem, for plaintiffs-appellants.

Allman, Spry, Humphreys & Armentrout and Clyde C. Randolph, Jr., Winston-Salem, for defendants-appellees.


HILL, Judge.

The plaintiffs first argue the court erred in granting a directed verdict in favor of P.J. Newton and Newton Brothers Real Estate Company, contending there was sufficient evidence for the jury to consider that the defendants committed fraud. We disagree. Although plaintiffs technically presented sufficient evidence of fraud, defendants were nonetheless entitled to judgment as a matter of law.

In the present case, the same course of conduct gave...

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