BUNTON v. RADFORD

No. 117.

144 S.E.2d 52 (1965)

265 N.C. 336

Clinton BUNTON v. Don R. RADFORD and James D. Faulkner.

Supreme Court of North Carolina.

September 22, 1965.


Attorney(s) appearing for the Case

Uzzell & Dumont, by John Shackelford, Asheville, for plaintiff.

S. Thomas Walton, Asheville, for defendants.


PER CURIAM.

"No variance between the allegation in a pleading and the proof shall be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action upon the merits. Whenever it is alleged that a party has been so misled, that fact and in what respect he has been misled must be proved to the satisfaction of the court; * * *. Where the variance is not material as herein provided...

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