Simmons v. Williams Realty & Loan Co.

Hutcheson, Justice.

We will first deal with the question whether the court erred in the grant of a nonsuit. The Code, § 110-310, declares: “A nonsuit shall not be granted merely because the court would not allow a verdict for plaintiff to stand; but if the plaintiff fails to make out a prima facie case, or if, admitting all the facts proved and all reasonable deductions from them, the plaintiff ought not to recover, a nonsuit shall be.granted.” “The awarding of á nonsuit is erroneous when the evidence for the plaintiff authorizes a finding that he has proved his case as laid.” Flewellen v.…