Penney v. Carpenter

BRITT, Judge.

Did the trial court err in allowing defendants’ motion for directed verdict and dismissing the action? We hold that it did.

*149Defendants’ motion for directed verdict presented the question whether, as a matter of law, the evidence offered by plaintiffs, when considered in the light most favorable to them, was insufficient to be submitted to the jury. Roberts v. Memorial Park, 281 N.C. 48, 187 S.E. 2d 721 (1972); Sink v. Sink, 11 N.C. App. 549, 181 S.E. 2d 721 (1971).

We think the principle of novation or substitution of a new contract between the parties applies in this case, raising…