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SLOAN v. WELLS

No. 772DC715.

245 S.E.2d 529 (1978)

37 N.C. App. 177

Lloyd P. SLOAN, Jr., d/b/a Sloan Insurance Agency v. Joseph Earl WELLS.

Court of Appeals of North Carolina.

July 11, 1978.

Attorney(s) appearing for the Case

Rodman, Rodman, Holscher & Francisco by Edward N. Rodman, and William P. Mayo, Washington, for plaintiff-appellee.

McCotter & Mayo by Hiram J. Mayo, Jr., New Bern, for defendant-appellant.

ERWIN, Judge.

Defendant assigns as error the granting of the plaintiff's motion for a directed verdict on the defendant's counterclaim by the trial court. We hold that this motion was properly allowed pursuant to Rule 50(a).

On motion by plaintiff for a directed verdict on a counterclaim of defendant, the trial court must determine the preliminary question of whether all of the evidence which tends to support defendant...

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