Hecht Realty, Inc. v. Whisnant

ERWIN, Judge.

Defendants’ first assignment of error presents the following question: “Did the trial court err in denying the appellants’ motion for a directed verdict at the close of the plaintiff’s evidence and at the conclusion of all of the evidence, and in denying appellants’ motion for judgment notwithstanding the verdict and for a new trial?” Defendants rely on several North Carolina cases in contending that in order for the plaintiff to recover, it must establish (1) a binding contract and (2) performance on its part, and this was not established in the case sub judice. Plaintiff…