Airport Knitting, Inc. v. King Kotton Yarn Co.

MORRIS, Judge.

In ruling on a motion to dismiss under Rule 41 (b), applicable only “in an action tried by the court without a jury,” the court must pass upon whether the evidence is sufficient as a matter of law to permit a recovery; and, if so, must pass upon the weight and credibility of the evidence upon which the plaintiff must rely in order to recover. Bryant v. Kelly, 10 N.C. App. 208, 178 S.E. 2d 113 (1970).

The evidence in this case tended to show: One Cecil Owenby (Owenby) was president and principal stockholder of Airport Knitting Company and terminated his employment with that…