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COLONY ASSOCIATES v. FRED L. CLAPP & CO.

No. 8218SC191.

300 S.E.2d 37 (1983)

COLONY ASSOCIATES, A Virginia Limited Partnership, By Its General Partners, Norman V. Watson, Karen G. Watson, G. Cope Stewart, III, Elizabeth B. Stewart, Thomas D. Webb, III, Carol B. Webb, Glade M. Knight, Kathleen Knight, And Heritage Associates, Inc., A Virginia Corporation, d/b/a Colony Apartments, And Quadel Management Corporation, A Maryland Corporation, d/b/a Colony Apartments v. FRED L. CLAPP & CO., A North Carolina Corporation.

Court of Appeals of North Carolina.

February 15, 1983.

Attorney(s) appearing for the Case

Newsom, Graham, Hedrick, Murray, Bryson, Kennon & Faison by Josiah S. Murray, III and Joel M. Craig, Durham, for plaintiff-appellants.

Dees, Johnson, Tart, Giles & Tedder by Charles M. Tate and Julius Dees, Jr., Greensboro, for defendant-appellee.

ARNOLD, Judge.

We determine that defendant's motion for directed verdict was improperly granted and that judgment notwithstanding the verdict [hereinafter j.n.o.v.] was improper.

G.S. 1A-1, Rule 50(b)(1) allows the grant of a j.n.o.v. in favor of a party who has previously moved for a directed verdict. Graves v. Walston, 302 N.C. 332, 275 S.E.2d 485 (1981). The defendant twice moved for a directed verdict at trial...

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