Oldham & Worth, Inc. v. Bratton

Where, upon waiver of jury trial in accordance with G.S. 1-184, the court makes no specific findings of fact but enters a judgment of involuntary nonsuit, the only question presented is whether the evidence, taken in the light most favorable to plaintiff, would support findings of fact upon which plaintiff could recover. Shearin v. Lloyd, 246 N.C. 363, 98 S.E. 2d 508, and cases cited; DeBruhl v. Harvey & Son Co., 250 N.C. 161, 167, 108 S.E. 2d 469.

Since the evidence was fully developed, whether there was error in the order relating to an election is immaterial if the evidence, when considered…