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HODGE v. FIRST ATLANTIC CORPORATION

No. 7110SC123.

179 S.E.2d 855 (1971)

10 N.C. App. 632

Glenn I. HODGE and Ida N. Hodge v. FIRST ATLANTIC CORPORATION.

Court of Appeals of North Carolina.

March 31, 1971.

Attorney(s) appearing for the Case

John V. Hunter, III, Raleigh, for plaintiff appellants.

Fairley, Hamrick, Monteith & Cobb, by James D. Monteith, Charlotte, Allen, Steed & Pullen, by Thomas W. Steed, Jr., Raleigh, and Jack T. Hamilton, Charlotte, for defendant appellee.

BRITT, Judge.

Plaintiffs assign as error the failure of the trial court to grant their motion for a directed verdict on all issues. The burden of proof on each of the issues was on plaintiffs. A directed verdict in favor of the party upon whom rests the burden of proof is proper when there is no conflict in the evidence and all the evidence tends to support his right to relief, or when all material facts are admitted by the adverse party. Chisholm v. Hall,

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