Lagrange Construction, Inc. v. Kent Corp.

OPINION

By the Court,

Thompson, C. J.:

The sole appellate issue is whether Lagrange Construction put on sufficient trial evidence to preclude a Rule 41(b) dismissal of its cross-claim against Kent Corporation.1 We think it clear that enough evidence was introduced to make out a prima facie case. Therefore, we reverse the dismissal order and remand for further proceedings.

*278For the purposes of this opinion we need only recite that on May 11, 1961 Lagrange, as contractor, agreed to construct sub-division roads for Kent in the Kingsbury sub-division, Douglas County, Nevada. Inter alia, the contract…