Bank of French Broad v. Catawba Construction Co.

The law imposed upon the plaintiff the burden of offering evidence to support all the essential and material elements of its cause of action. In substance the evidence tended to show that the Construction Company assigned all payments due and to become due to the "Wachovia Bank and Trust Company by virtue of a written contract between the Construction Company and said bank. The "Wachovia Bank and Trust Company was directed in the assignment of the contract “to first repay itself any and all moneys due it for money borrowed . . . and to pay to the Bank of French Broad each month the sum of…