McArver v. Gerukos

In passing upon a motion for judgment of nonsuit, the plaintiff’s evidence must be taken to be true and must be considered in the light most favorable to him. Only those portions of the defendant’s evidence which are favorable to the plaintiff may be considered upon such a motion.

So considered, the evidence is amply sufficient to show that the plaintiff and the defendant contracted as alleged in the complaint, that the defendant broke the contract and the plaintiff has been damaged thereby in the amount of $4,025 (only $4,008.33 being alleged in the complaint). The sole question, therefore,…