ALSTON v. MONK

No. 8810SC229.

373 S.E.2d 463 (1988)

92 N.C. App. 59

Frances I. ALSTON v. Ray MONK, Rovetta Allen, and Grady Perkins, d/b/a Raleigh Institute of Cosmetology.

Court of Appeals of North Carolina.

November 15, 1988.


Attorney(s) appearing for the Case

Kirk, Gay, Kirk, Gwynn & Howell by Philip G. Kirk and Joseph T. Howell, Wendell, for plaintiff-appellee.

Yeargan, Thompson & Mitchiner by W. Hugh Thompson, Raleigh, for defendants-appellants.


EAGLES, Judge.

Defendants here present numerous assignments of error and argue they are entitled to a new trial. After a careful review of the record we disagree and affirm the trial court's judgment.

By defendants' first assignment of error they contend that denial of their motions to dismiss at the close of plaintiff's evidence and at the close of all the evidence was error. We disagree.

By presenting evidence on their own behalf, defendants waived...

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