J. W. Cross Industries, Inc. v. Warner Hardware Co.

HEDRICK, Chief Judge.

Defendant assigns error to the judgment directing a verdict for plaintiff. Defendant contends the evidence presented raised an issue of fact that should have been decided by the jury.

Usually a motion for a directed verdict under Rule 50(b)(1) of the North Carolina Rules of Civil Procedure is made against the party with the burden of proof. Financial Corp. v. Harnett Transfer, 51 N.C. App. 1, 275 S.E. 2d 243, disc. rev. denied, 302 N.C. 629, 280 S.E. 2d 441 (1981). A party having the burden of proof may not have its motion for a directed verdict granted when its right to…