Deep Run Milling Co. v. Williams

JOHNSON, Judge.

This is an appeal from a jury verdict against defendant Mary Alice Williams on an account due. The issues dispositive of this *161appeal are whether the trial court erred in its denial of defendant’s motion for a directed verdict and whether the trial court erred in its instructions to the jury.

The plaintiffs theory of the case, and the issue ultimately submitted to the jury, was whether an implied contract existed between Mary Alice Williams and the plaintiff, Deep Run Milling Company.

It is well settled that a motion for directed verdict under Rule 50 of the North Carolina Rules…