Stevens v. . Cecil

Connor, J. An examination of all the evidence at the trial of this action in the general county court fails to disclose any evidence tending to show that Frank Daly, superintendent and manager of the Biltmore Dairy, which was owned and operated by the defendant, at the time the contract alleged in the complaint was made by him with the plaintiff, as testified by the plaintiff, was authorized by the defendant to make said contract. There was no evidence at the trial tending to show that the defendant had ratified said contract, and thereby become bound to perform the same. For this reason, there was no error in the ruling of the judge of the Superior Court sustaining defendant’s assignment of error based on her exception to the refusal of the trial court to allow her motion, at the close of all the evidence, for judgment dismissing the action as of nonsuit. See Stephens v. Lumber Co., 160 N. C., 107, 75 S. E. 933. The judgment of the Superior Court, which is in accord with this ruling, is affirmed. *740 As the judgment dismissing the action is affirmed, the defendant’s appeal need not be considered. It is dismissed. Beard v. Sovereign Lodge, 184 N. C., 154, 113 S. E., 661. Affirmed in plaintiff’s appeal. Defendant’s appeal dismissed.