Doyle v. . Whitley

200 S.E. 888, 214 N.C. 814, 1939 N.C. LEXIS 435

Opinion

Peb Cubiam.

The demurrer ore tenus by defendant must be overruled. We think the complaint states facts sufficient to constitute a cause of action. N. C. Code, 1935 (Michie), sec. 511 (6).

The defendant introduced no evidence and at the close of plaintiff’s evidence made a motion in the court below for judgment as in case of nonsuit. O. S., 567. The court below overruled this motion and in this we can see no error.

Plaintiff testified, in part: “I farmed with Mr. Q. S. Leonard in 1937. Q. How many acres of tobacco did you have in 1937 ? Ans.: 4.2 acres. Q. How much did it bring you? Ans.: $1,100.00 and some few dollars.”

To the above questions and answers defendant excepted and assigned error. We think they must be sustained. Plaintiff was to work defendant’s place in 1936. We think it was prejudicial to show what he made in 1937 on the other land, there being no evidence of similarity of conditions.

For the reasons given, there must be a

New trial.