Davis v. Ralph

Supreme Court of North Carolina

Davis v. Ralph

112 S.E.2d 732, 252 N.C. 67, 1960 N.C. LEXIS 381

DecidedFebruary 24, 1960

StatusPublished

This text of 112 S.E.2d 732 (Davis v. Ralph) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davis v. Ralph, 112 S.E.2d 732, 252 N.C. 67, 1960 N.C. LEXIS 381 (N.C. 1960).

Pincite

Opinion

PER Cubiam:

While there is much other evidence shown in the record of the case on appeal the quoted portions hereinabove set forth are pivotal, and justify the ruling of the trial court from which appeal is taken. Taking the evidence in the light most favorable to plaintiff, as is done in considering motion for judgment as of non-suit, it seems clear that plaintiff recognized that he was not a tenant from year to year but that eaqh year he entered into a new agreement with defendant for the renting of the land, and that there was no agreement for the year 1956. Hence the judgment as of nonsuit is

Affirmed.

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PER Cubiam:

While there is much other evidence shown in the record of the case on appeal the quoted portions hereinabove set forth are pivotal, and justify the ruling of the trial court from which appeal is taken. Taking the evidence in the light most favorable to plaintiff, as is done in considering motion for judgment as of non-suit, it seems clear that plaintiff recognized that he was not a tenant from year to year but that eaqh year he entered into a new agreement with defendant for the renting of the land, and that there was no agreement for the year 1956. Hence the judgment as of nonsuit is

Affirmed.

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Bluebook (online)

112 S.E.2d 732, 252 N.C. 67, 1960 N.C. LEXIS 381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-ralph-nc-1960.