Hobson Const. Co., Inc. v. Hajoca Corp.

ARNOLD, Judge.

By its first assignment of error plaintiff argues that the evidence, viewed in the light most favorable to it, and giving to it the benefit of all reasonable inferences and resolving all inconsistencies in its favor, was sufficient to show its right to relief. It contends that the court erred in granting defendant’s motion for dismissal under Rule 41(b). The assignment is without merit.

G.S. 1A-1, Rule 41 (b) states:

“After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evi dence, the defendant, without waiving his right to…