STONE v. McCLAM

No. 7810SC590.

257 S.E.2d 78 (1979)

42 N.C. App. 393

D. Linwood STONE and J. A. Stone v. Marvin McCLAM, C. E. Smith, Norman Sanders, William R. Hocutt, and FCX, Inc.

Court of Appeals of North Carolina.

July 31, 1979.


Attorney(s) appearing for the Case

Boyce, Mitchell, Burns & Smith by G. Eugene Boyce, Robert E. Smith, Lacy M. Presnell III, and James M. Day, Raleigh, for plaintiffs, appellants and appellees.

Sanford, Cannon, Adams & McCullough by J. Allen Adams, William H. McCullough, Charles C. Meeker and Nancy Bentson Essex, Raleigh, for defendants, appellants and appellees.


PARKER, Judge.

DEFENDANTS' APPEAL

By its answer to the first issue, the jury has established that defendants did not procure the execution of the 5 March 1975 Agreement and Release by any fraudulent representation. Thus, no issue as to actual fraud remains in this case, and the essential question presented by defendants' appeal is whether the evidence was sufficient to warrant submission of the second issue to the jury. We find the evidence insufficient...

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