Maintenance Equipment Co., Inc. v. Godley Builders

WALKER, Judge.

At the outset, we note this appeal concerns only plaintiff Maintenance Equipment Company and defendants Godley Builders and William C. Godley since plaintiff Dixie Rental Company did not appeal and the trial court’s dismissal of the claim against McWhirter Grading Company was not appealed.

Defendants assign as error the denial of its motion for a directed verdict at the end of plaintiffs’ case and at the end of all the evidence. In ruling on the motion the judge must consider the evidence in the light most favorable to the non-moving party and give him the benefit of every…