Davis v. Payne and Day, Inc.

WADE, Justice.

Plaintiff appeals from a judgment dismissing his action to recover for materials .sold and delivered to defendant Payne and Day, Inc., respondent herein. The trial court sitting without a jury after hearing plaintiff’s evidence granted defendant’s motion to dismiss on the grounds that plaintiff had failed to show any right to relief. No findings of fact as authorized by Rule 41 (b) U.R.C.P. were made, so the question presented is: did plaintiff’s evidence when considered in the light most favorable to him show that he was entitled to relief P 1

Appellant’s complaint contained…