#### WILLIAM PABODIE v. DISTRIBUTORS GROUP, INC.

(Filed 25 November, 1936.)

Appeal by plaintiff from Shaw, Emergency Judge, at March Term, 1936, of Mecklenburg.

Civil action for alleged breach of warranty in the sale of stock known as North American Trust Shares, purchased by plaintiff on 1 July, 1931.

The defendant denied liability, pleaded release and the statute of limitations. This action was instituted 16 April, 1935.

From a judgment of nonsuit entered at the close of plaintiff’s evidence, he appeals, assigning errors.

*839 Marvin L. Bitch for plaintiff, appellant.

Whitloch, Dockery & Shaw for defendant, appellee.

Per Curiam.

The plaintiff’s evidence falls short of the required prima facie showing to carry the case to the jury. The judgment of nonsuit is correct.

Affirmed.