ALLEN v. SIMMONS

No. 8921DC1155.

394 S.E.2d 478 (1990)

99 N.C. App. 636

Harvey H. ALLEN, Plaintiff, v. Warnell SIMMONS, Defendant.

Court of Appeals of North Carolina.

August 7, 1990.


Attorney(s) appearing for the Case

Kennedy, Kennedy, Kennedy and Kennedy by Harold L. Kennedy, III and Harvey L. Kennedy, Winston-Salem, for plaintiff-appellee.

Legal Aid Soc. of Northwest North Carolina, Inc. by Hazel M. Mack, Winston-Salem, for defendant-appellant.


EAGLES, Judge.

Defendant assigns as error the trial court's entry of directed verdict against her. Defendant argues that when the evidence is considered in the light most favorable to defendant, it is sufficient to justify submission of her counterclaims to the jury. Defendant argues that "the evidence that the premises never met city code standard was sufficient to allow the jury to decide whether defendant is entitled to rent abatement." We agree.

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