Harrell v. Davenport

WELLS, Judge.

The threshold substantive question before us is whether, under the forecast of evidence before the trial court, the statements and conduct of defendant Davenport might be construed as an undertaking to procure a policy of insurance on plaintiffs tractors. In Wiles v. Mullinax (first appeal), 267 N.C. 392,148 S.E. 2d 229 (1966), our Supreme Court recited the rule applicable to the forecast of evidence in this case, as follows:

“It is very generally held that where an insurance agent or broker undertakes to procure a policy of insurance for another, affording protection against a…