Harris & Harris Construction Co. v. Crain & Denbo, Inc.

Appeals, involving procedural questions, in cases relating to the subject matter of this action have been heard by this Court on two previous occasions. Crain and Denbo, Inc. v. Construction Co., 250 N.C. 106, 108 S.E. 2d 122 (1959); Crain and Denbo, Inc., v. Construction Co., 252 N.C. 836, 114 S.E. 2d 809 (1960). The instant case was instituted in Durham County. On motion the court in its discretion, for convenience of witnesses, removed it to Wayne County for trial.

At the close of plaintiff’s evidence the court allowed the motion of the Town of Mount Olive for nonsuit. Plaintiff noted an…