Builders Supplies Co. of Goldsboro, NC, Inc. v. Gainey

LAKE, Justice.

The first trial of this action in the superior court resulted in a judgment for the defendant upon a directed verdict. On appeal from that judgment, the Court of Appeals held the evidence presented at that trial was sufficient to withstand a motion for a directed verdict and granted a new trial. Builders Supplies Co. v. Gainey, 10 N.C. App. 364, 178 S.E. 2d 794. The Court of Appeals was then of the opinion that the reservation in the deed from Bryan to the defendant gave Bryan an ease ment, the exact location of which within the larger tract conveyed to the defendant could be…