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AUSBAND v. MUSSELWHITE

No. 8721SC1203.

370 S.E.2d 705 (1988)

Frank C. AUSBAND, Plaintiff, v. Herman S. MUSSELWHITE, Defendant, Third Party Plaintiff, v. Edwin S. SMITH, R.D. "Billy" Matthews, and W.E. "Gene" Tart, Third Party Defendants.

Court of Appeals of North Carolina.

August 16, 1988.

Attorney(s) appearing for the Case

A. Carl Penney, Winston-Salem, for plaintiff appellant-appellee.

Glover & Petersen by James R. Glover, Chapel Hill, for defendant, third-party plaintiff appellee-appellant.

Kenneth Clayton Dawson, Winston-Salem, for third-party defendant appellees Edwin S. Smith and R.D. "Billy" Matthews.

McCoy, Weaver, Wiggins, Cleveland & Raper by Richard M. Wiggins, Fayetteville, for third-party defendant appellee W.E. "Gene" Tart.

PHILLIPS, Judge.

Plaintiff's appeal has no merit. His principal contentions—that the issues were so ambiguous the jury did not fathom the true nature of the controversy and their answers to the issues entitled him to a judgment in his favor as a matter of law—are contradictory and without foundation. The issues sufficiently reflect the major points in controversy between the parties and nothing in the record supports the claim that the jury did not understand...

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