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eBook details

• Title: Potter v. National Supply Co.
• Author : Supreme Court of North Carolina
• Release Date : January 02, 1949
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

It is axiomatic that a plaintiff in a civil action must both allege and prove every material fact essential to the establishment of a cause of action in his favor against the defendant in order to obtain the judgment which he seeks. In the case at bar, the defendant concedes that the plaintiff has stated enough facts in his complaint to constitute a good cause of action against it for damages for breach of an express warranty made by it to plaintiff. By its motion for a compulsory nonsuit under G.S. 1-183 and its prayers for a directed verdict on the first and second issues, however, the defendant challenges the sufficiency of the evidence to support the cause of action alleged. In determining whether or not the trial court erred in denying the defendants motion for an involuntary nonsuit or in refusing to direct a verdict for the defendant upon the first and second issues in conformity to its requests for instructions, we must take it for granted that the evidence tending to support the plaintiffs claim is true and must resolve all conflicts of testimony in his favor. Bundy v. Powell, 229 N.C. 707, 51 S.E.2d 307.

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