Legal Opinion

D. L. H., Inc. v. Mack Trucks, Inc.

Court of Appeals of North Carolina

Decided December 18, 1968No. 683SC257PublishedCited by 2 opinions

1Opinion of the CourtCampbell, J.

“‘On a motion for judgment of compulsory nonsuit, plaintiff’s evidence is to be taken as true, and considered in the light most favorable to him, giving him the benefit of every fact and inference of fact pertaining to the issues which may be reasonably deduced from the evidence. Plaintiff’s evidence must be considered in the *293light of his allegations to the extent the evidence is supported by the allegations. . . Gibbs v. Light Co., 268 N.C. 186, 150 S.E. 2d 207.

Applying this rule to the facts in the instant case and assuming that the motor, as delivered, was unsatisfactory, there still…

2Cases cited4 opinions

  1. Commercial Solvents, Inc. v. JohnsonSupreme Court of North Carolina · 1952
  2. Gibbs v. Carolina Power & Light CompanySupreme Court of North Carolina · 1966
  3. Nationwide Homes of Raleigh, N. C., Inc. v. First-Citizens Bank & Trust Co.Supreme Court of North Carolina · 1964
  4. Cordell v. Grove Stone and Sand CompanySupreme Court of North Carolina · 1958

3Cited by2 opinions

  1. S. F. McCotter & Son, Inc. v. O.H.A. Industries, Inc.Court of Appeals of North Carolina · 1981
  2. Orr v. OrgoCourt of Appeals of North Carolina · 1971

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