Hoots v. Calaway

BOBBITT, Chief Justice.

The sole question presented by this appeal is whether, as a matter of law, the evidence offered by plaintiffs, when considered in the light most favorable to them, was sufficient to be submitted to the jury. Kelly v. Harvester Co., 278 N.C. 153, 179 S.E. 2d 396 (1971); Cutts v. Casey, 278 N.C. 390, 180 S.E. 2d 297 (1971); Roberts v. Memorial Park, 281 N.C. 48, 187 S.E. 2d 721 (1972).

Plaintiffs’ action is based on legal principles stated by Justice (later Chief Justice) Barnhill in Queen v. Sisk, 238 N.C. 389, 391-92, 78 S.E. 2d 152, 155 (1953), as follows:

“When a sale…