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BURRIS v. SHUMATE

No. 8523DC5.

334 S.E.2d 514 (1985)

Wayne D. BURRIS and wife, Avanelle O. Burris, Frederick L. Joseph, Frank Thomas, and Thomas A. Thomas, Jr. v. Luther SHUMATE and Carl Shumate.

Court of Appeals of North Carolina.

October 1, 1985.

Attorney(s) appearing for the Case

Brewer & Freeman by Paul W. Freeman, Jr., Wilkesboro, for defendant-appellant.

JOHNSON, Judge.

The pivotal question we must decide is whether defendant Luther Shumate presented sufficient evidence as to his counterclaim to withstand plaintiffs' motion for directed verdict. The inherent purpose of G.S. 1A-1 Rule 50(a) motion for directed verdict is to "... test the legal sufficiency of the evidence to take the case to the jury and to support a verdict for plaintiffs...." Wallace v. Evans, 60 N.C. App. 145, 146, 298 S.E...

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