Moore v. H. C. Hower Lumber Co.

131 S.E. 730, 191 N.C. 822, 1926 N.C. LEXIS 188

• Court: Supreme Court of North Carolina
• Decided: March 3, 1926
• Status: Published

Opinion

Per Curiam.

Tbe plaintiff alleges that be sold tbe defendant a carload of lumber in 1924. This action is to recover tbe purchase price of said lumber.

Tbe defendant’s chief assignment of error, or tbe one most strongly urged on tbe argument and in its brief, is based on tbe exception addressed to tbe refusal of tbe court to grant tbe defendant’s motion for judgment as of nonsuit, made first at tbe close of tbe plaintiff’s evidence and renewed at tbe close of all tbe evidence.

Tbe testimony of tbe plaintiff fully justifies tbe verdict. Its credibility was for tbe j.ury. Shell v. Roseman, 155 N. C., 90; In re Fuller, 189 N. C., p. 512.

No error.