Everett v. Miller

Atkinson, Justice.

The Code, § 110-104, declares: “Where there is no conflict in the evidence, and that introduced, with all reasonable deductions or inferences therefrom, shall demand a particular verdict, the court may direct the jury to find for the party entitled thereto.” The evidence in this ease was conflicting on material facts. Dnder this section and numerous decisions, the court was not authorized to direct a verdict. The defendant relies *346most strongly on tlie facts that the copy oC the instrument purporting to set forth the alleged agreement upon which this suit is predicated, as it…