Swinton v. Savoy Realty Co.

The defendants noted numerous exceptions during the trial, but base their appeal chiefly on three grounds: (1) the denial of their motion for judgment of nonsuit, (2) submission of issue of punitive damages, and (3) errors in the court’s instructions to the jury.

1. It is apparent from an examination of the record that the plaintiffs’ evidence considered in the light most favorable for them was sufficient to make out a ease for the jury. The plaintiffs are aged Negroes without education, and their testimony, if believed, was adequate to establish actionable fraud. Garland v. Penegar, 235 N.C.…