Carnegie v. . Perkins

Tbe only material assignments of error by defendant necessary to be considered, are as follows:

“(1) At tbe close of tbe plaintiff’s evidence, tbe defendant moved tbe court to nonsuit tbe plaintiff and to dismiss tbe action.

“(2) At tbe conclusion of all of tbe evidence, tbe defendant renewed bis motion to nonsuit tbe plaintiff and dismiss tbe action.”

Was tbe court below correct in overruling defendant’s motions for judgment as in case of nonsuit? C. S., 567. We think so.

Defendant contended that tbe following provision was in a deed and agreement made 16 December, 1915, by Puss Harrington to…