DIZE AWN. & TENT CO. v. CITY OF WINSTON-SALEM

No. 7521SC987.

224 S.E.2d 257 (1976)

29 N.C. App. 297

DIZE AWNING AND TENT COMPANY v. CITY OF WINSTON-SALEM.

Court of Appeals of North Carolina.

May 5, 1976.


Attorney(s) appearing for the Case

Deal, Hutchins & Minor, by William Kearns Davis, Winston-Salem, for plaintiff appellant.

Womble, Carlyle, Sandridge & Rice, by William F. Womble and Roddy M. Ligon, Jr., Winston-Salem, for defendant appellee.


BRITT, Judge.

Did the trial court err in allowing defendant's motion for directed verdict and dismissing the action? We hold that it did not.

First, we respond to plaintiff's argument that the Supreme Court opinion established the law of this case, that plaintiff presented evidence substantially as alleged in its pleadings, therefore, it was entitled to have the jury pass upon its cause. We reject this argument...

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