H. F. Mitchell Construction Co. v. Orange County Board of Education

Defendant assigns as error the refusal to allow its motion to nonsuit. It does not except to the findings of fact. If plaintiff offered competent evidence on which the court could find that rock had been excavated, as required by the contract, the motion to nonsuit was properly overruled. This is true even though the record also contains incompetent evidence admitted over defendant’s objections. Reverie Lingerie, Inc. v. McCain, 258 N.C. 353, 128 S.E. 2d 835; In re Simmons, 256 N.C. 184, 123 S.E. 2d 614; Insurance Company v. Shaffer, 250 N.C. 45, 108 S.E. 2d 49; Bradsher v. Morton, 249 N.C.…