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ROSE v. EPLEY MOTOR SALES

No. 7425DC617.

209 S.E.2d 330 (1974)

23 N.C. App. 494

Richard Clifton ROSE v. EPLEY MOTOR SALES and Jerome Epley.

Court of Appeals of North Carolina.

November 6, 1974.

Attorney(s) appearing for the Case

Robert E. Hodges, Morganton, for plaintiff appellee.

Byrd, Byrd, Ervin & Blanton, P.A., by Robert B. Byrd, Morganton, and Joe K. Byrd, Jr., for defendant appellants.

CAMPBELL, Judge.

The defendant contends that the trial court erred in denying defendants' motion for directed verdict at the end of all the evidence.

"The motion for a directed verdict under Rule 50(a) presents substantially the same question as that formerly presented by a motion for judgment of involuntary nonsuit . . .. The motion for judgment of involuntary nonsuit . . . presented a question of law for decision by the court, namely, whether the evidence...

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