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DE BRUHL v. L. HARVEY & SON COMPANY

No. 167.

108 S.E.2d 469 (1959)

250 N.C. 161

Benjamin A. DE BRUHL and wife, Nell E. M. DeBruhl; Mary E. DeBruhl; Glennie DeBruhl Johnson and husband, Willie W. Johnson; Josephine DeBruhl Smith and husband, Carl M. Smith, and James E. DeBruhl and wife, Polly H. DeBruhl, v. L. HARVEY & SON COMPANY, Inc.; Mary Heartt Harvey, Widow; Leo H. Harvey and wife, Laura Hyman Harvey; Mary Lewis Wilson, Widow; C. F. Harvey 111 and wife, Margaret Blount Harvey; R. A. Whitaker, Trustee; Floyd Hill and wife, Pearl Hill; and Walter D. LaRoque.

Supreme Court of North Carolina.

April 29, 1959.

Attorney(s) appearing for the Case

Jones, Reed & Griffin, Kinston, for plaintiffs, appellants.

Geo. R. Hughes, Trenton, Whitaker & Jeffress and Wallace & Wallace, Kinston, for defendants, appellees.

BOBBITT, Justice.

Where, upon waiver of jury trial in accordance with G.S. § 1-184, the court makes no specific findings of fact but enters judgment of involuntary nonsuit, the only question presented is whether the evidence, taken in the light most favorable to plaintiff, would support findings of fact upon which plaintiff could recover. Shearin v. Lloyd, 246 N.C. 363,

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