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AYERS v. TOMRICH CORPORATION

No. 7221DC271.

193 S.E.2d 764 (1973)

17 N.C. App. 263

C. D. AYERS and Mrs. C. D. Ayers v. TOMRICH CORPORATION, Defendant and Third Party Plaintiff, v. GEORGE W. SPARKS CONSTRUCTION COMPANY, INC., Third Party Defendant.

Court of Appeals of North Carolina.

January 17, 1973.

Attorney(s) appearing for the Case

Billings & Graham by William T. Graham, Winston-Salem, for plaintiff appellees.

Powe, Porter & Alphin, P. A. by William G. Harriss, Durham, for defendant appellant.

PARKER, Judge.

Defendant assigns as error (1) the failure of the trial court to grant its motions for directed verdict interposed at the close of plaintiffs' evidence and renewed at the conclusion of all the evidence, and (2) the signing of the judgment "due to insufficient evidence to support the findings of fact and the award of damages" set forth in the judgment.

A motion for a directed verdict is proper only in a jury trial. See Rule 50(a). Bryant v. Kelly...

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