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Question
Facts: In a civil action for damages, plaintiff Alpha Trading Co. sues Beta Construction Inc. alleging breach of a written contract. After the plaintiff rests and before the defense presents its evidence, Beta moves for demurrer to evidence on the ground that the plaintiff has failed to prove a cause of action. The trial court denies Beta’s demurrer to evidence. (a) State the controlling rule on the consequences of denial of a demurrer to evidence under Rule 33. (b) Explain how the denial affects the progression of the case and the rights of the parties. (c) If the court had granted the demurrer to evidence instead, what would be the consequence and why?