HOBSON CONST. CO., INC. v. HAJOCA CORP.

No. 7528SC739.

222 S.E.2d 709 (1976)

28 N.C. App. 684

HOBSON CONSTRUCTION CO., INC., Plaintiff, v. HAJOCA CORPORATION, Defendant.

Court of Appeals of North Carolina.

March 17, 1976.


Attorney(s) appearing for the Case

Uzzell & DuMont by William E. Greene, Asheville, for plaintiff-appellant.

Morris, Golding, Blue & Phillips by James N. Golding, Asheville, for defendant-appellee.


ARNOLD, Judge.

By its first assignment of error plaintiff argues that the evidence, viewed in the light most favorable to it, and giving to it the benefit of all reasonable inferences and resolving all inconsistencies in its favor, was sufficient to show its right to relief. It contends that the court erred in granting defendant's motion for dismissal under Rule 41(b). The assignment is without merit.

C.S. 1A-1, Rule 41(b) states:

"After the plaintiff...

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