Gray v. Edmonds

The defendants’ demurrer ore tenus to the complaint cannot be sustained. Sufficient facts are alleged to constitute a cause of action for relief on the ground of fraud.

The defendants’ motion for judgment of nonsuit was properly denied. Considering the plaintiffs’ evidence in the light most favorable for them, it is apparent that it was sufficient to carry the case to the jury on the issue of actionable fraud. Whitehurst v. Ins. Co., 149 N.C. 273, 62 S.E. 1067; Petty v. Ins. Co., 210 N.C. 500, 187 S.E. 816; Ward v. Heath, 222 N.C. 470, 24 S.E. 2d 5; Atkinson v. Charlotte Builders, ante, 67, 59…