Lochner v. Silver Sales Service, Inc.

The motion of the defendant for a compulsory nonsuit challenges the legal sufficiency of the evidence to take the case to the jury and support a verdict for the plaintiff. Graham v. Gas Co., 231 N.C. 680, 58 S.E. 2d 757.

The defendant insists initially that the action ought to have been non-suited for lack of evidence that Bernard A. Mollen, the manager of its business at Charlotte, had any authority to bind it to pay the plaintiff “for his services at the rate of $5,000.00 per year.”

The sole evidence at the trial relating to the power conferred directly upon Mollen by defendant to fix the…