Owens v. Harnett Transfer, Inc.

PARKER, Judge.

The defendant first assigns error to the trial court’s denial of its motion for a directed verdict and judgment notwithstanding the verdict. Defendant contends that the evidence shows as a matter of law that plaintiff breached the contract by ceasing to drive the tractor after 18 October 1976 and by allowing the payments on the tractor to become two months in arrears, thus establishing defendant’s right to repossess the vehicle on 6 February 1977 pursuant to the terms of the contract. We do not agree.

First we note that the transaction that is the subject of this action was a…