Childress v. Nordman

The chief question raised by the assignments of error is this: Did the trial judge err in refusing to dismiss the action upon a compulsory nonsuit after all the evidence on both sides was in ?

This question must be answered in the affirmative. This is so simply because there was no evidence at the trial sufficient to show that the representation concerning the state of the dwelling was false either at the time it was made by Wyman or at the time it was acted on by the plaintiffs. Cofield v. Griffin, ante, 377, 78 S.E. 2d 131; Whitmire v. Heath, 155 N.C. 304, 71 S.E. 313; Cash Register Company…