Garland v. Penegar

It is apparent from, an examination of the record that the plaintiff offered sufficient evidence to carry the case to the jury on the issue of actionable fraud and deceit, and that defendant’s motion for judgment of nonsuit was properly denied. Whitehurst v. Ins. Co., 149 N.C. 273, 62 S.E. 1067; Ward v. Heath, 222 N.C. 470, 24 S.E. 2d 5; Gray v. Edmonds, 232 N.C. 681, 62 S.E. 2d 77.

The defendant assigns error in the court’s charge to the jury, particularly on the issue of damages. It is urged that the court failed properly to instruct the jury as to the measure of damages and failed to apply…