Currituck Grain Inc. v. Powell

WEBB, Judge.

The defendant’s first assignment of error is that the district court erred in not granting his motion for a directed verdict and for a judgment n.o.v. The defendant contends that the evidence met the test as laid down by this Court in its previous opinion so that as a matter of law he was not a merchant at the time the alleged contract was made. He contends that the evidence shows he had never negotiated a grain contract prior to 1974, that he had never sold any grain or soybeans prior to that time and that he had no knowledge of the customs and practices of the marketing of grain…