HOMELAND, INC. v. BACKER

No. 8512SC572.

337 S.E.2d 114 (1985)

HOMELAND, INC. v. Charles E. BACKER and Marie B. BACKER v. Carlos GOMEZ and wife, Barbara J. Gomez.

Court of Appeals of North Carolina.

December 17, 1985.


Attorney(s) appearing for the Case

McCoy, Weaver, Wiggins, Cleveland & Raper by John E. Raper, Jr., Fayetteville, for plaintiff-appellee.

MacRae, Perry, Pechmann, Boose & Williford by James C. MacRae and Reid, Lewis & Deese by Renny W. Deese, Fayetteville, for defendants-appellants.


HEDRICK, Chief Judge.

Defendants assign error to the trial court's granting plaintiff's motion for directed verdict on the issues of waste and nonpayment of rent.

On a motion for directed verdict the trial court must consider the evidence in the light most favorable to the non-moving party, and may grant the motion only if, as a matter of law, the evidence is insufficient to justify a verdict in favor of the non-moving party. Rappaport v. Days Inn,...

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