7 N.C. App. 362 | N.C. Ct. App. | 1970
The sole question before this Court is whether the trial court committed error in granting the defendant’s motion for judgment as of nonsuit. An appeal from a judgment as of nonsuit presents to the court the question of whether the evidence, considered in the light most favorable to the plaintiff, is sufficient to be submitted to the jury. Cutts v. Casey, 271 N.C. 165, 155 S.E. 2d 519 (1967). Whether the evidence is sufficient to carry the case to the jury is a question of law and is always to be decided by the court. Ward v. Smith, 223 N.C. 141, 25 S.E. 2d 463 (1943).
In the present case, the plaintiff, a corporation, alleged that an express or implied contract existed between it and the defendant Hoots for one-half of the commissions the defendant received from the sale of real estate. The plaintiff alleged that a custom existed
Affirmed.