Sutton v. Texas Co.

DOBIE, Circuit Judge.

This civil action was instituted in the Superior Court of Wake County, North Carolina, by the plaintiff, R. H. Sutton, and was removed to the United States District Court for the Eastern District of North Carolina by the defendant, the Texas Company, a Delaware corporation doing business in North Carolina. The case was tried without a jury and, at the close of plaintiff’s evidence, was dismissed on the merits by the District Judge. Plaintiff has duly appealed to us.

The plaintiff operated, in Apex, North 'Carolina, a filling station which he leased from the defendant. On…