Investment Properties of Asheville, Inc. v. Allen

SHARP, Justice.

In the light of the petition to rehear, the Court has reconsidered the record and reviewed all briefs which have been filed. The question which we re-examine is the sufficiency of the evidence to withstand defendant Allen’s motions, made in accordance with G.S. 1A-1, Rule 50, for a directed verdict and for judgment notwithstanding the verdict.

At the outset we note that at the same time plaintiffs filed this action against defendant Allen they also filed a separate suit against her alleged agent, Dr. Charles S. Norburn, to recover from him the cost of the grading which they had…