Helms v. Rea

194 S.E.2d 1 (1973)

282 N.C. 610

Glenn E. HELMS

v.

W. Reid REA, Administrator of the Estate of Mabel Rea, Deceased.

No. 84.

Supreme Court of North Carolina.

February 2, 1973.

Harkey, Faggart, Coira & Fletcher, Charlotte, for plaintiff-appellee.

Craighill, Rendleman & Clarkson and Ervin, Burroughs & Kornfeld, Charlotte, for defendant-appellant.

SHARP, Justice.

This appeal presents a two-fold question: (1) Did Judge McLean err in granting plaintiff's motion to dismiss defendant's counterclaim [made under G.S. § 1A-1, Rule 41(b) and (c)] on the ground that there was no evidence tending to show that…