Dize Awning & Tent Co. v. City of Winston-Salem

BRITT, Judge.

Did the trial court err in allowing defendant’s motion for directed verdict and dismissing the action ? We hold that it did not.

First, we respond to plaintiff’s argument that the Supreme Court opinion established the law of this case, that plaintiff presented evidence substantially as alleged in its pleadings, therefore, it was entitled to have the jury pass upon its cause. We reject this argument.

The Supreme Court opinion, page 720, contains the following paragraph:

“And now, turning to the plaintiff’s position, construed most favorably to it, the plaintiff alleges that by the…