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ATLANTIC TOBACCO CO. v. HONEYCUTT

No. 907SC559.

398 S.E.2d 641 (1990)

101 N.C. App. 160

ATLANTIC TOBACCO COMPANY, Plaintiff, v. Joseph B. HONEYCUTT and Wife Barbara W. Honeycutt, Individually, Honeycutt Truck Stop, Inc., a North Carolina Corporation, and Hassman Enterprises, Inc., a North Carolina Corporation, d/b/a Honeycutt Travel Store and Payless Cigarette House, Defendants.

Court of Appeals of North Carolina.

December 18, 1990.

Attorney(s) appearing for the Case

Moore, Diedrick, Carlisle & Hester by J. Edgar Moore, Rocky Mount, for plaintiff-appellant.

Stubbs, Perdue, Chesnutt, Wheeler & Clemmons, P.A., Trawick H. Stubbs, Jr. and by Linda G. Cauffman, New Bern, for defendant-appellee.

Smith, Debnam, Hibbert & Pahl by Bettie Kelly Sousa and Elizabeth B. Godfrey, Raleigh, for defendant-appellee Barbara W. Honeycutt.

DUNCAN, Judge.

The only issue presented on this appeal is whether the trial court erred in directing a verdict for Joseph and Barbara Honeycutt. We hold that the trial court did commit error in directing a verdict in favor of Joseph Honeycutt, but did not err in directing a verdict in favor of Barbara Honeycutt.

Preliminarily, we note that where the question of whether to grant a directed verdict is a close one, it is the better practice for the trial court...

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