RIVENBARK v. MOORE

No. 814SC839.

291 S.E.2d 293 (1982)

George W. RIVENBARK, Jr. and wife Margaret B. Rivenbark v. Joseph MOORE; Wendell V. Teachey, John H. Sheffield and Homer M. Boney, Jr. partners t/d/b/a Sheffield's Tobacco Warehouse or Sheffield's Warehouse.

Court of Appeals of North Carolina.

May 18, 1982.


Attorney(s) appearing for the Case

John R. Parker, Clinton, for plaintiffs-appellants.

Russell J. Lanier, Jr., Kenansville, for defendants-appellees.


CLARK, Judge.

Plaintiffs assign error to the granting of defendants' motion for directed verdict. A motion for directed verdict under G.S. 1A-1, Rule 50(a), involves a determination of whether the evidence was sufficient to entitle the plaintiff to have a jury pass on it. The question presented to the appellate court in reviewing the decision of the trial court is identical to that presented to the lower court by defendant's motion: whether the evidence, considered...

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