ROBERTS v. HERRING

No. 695DC558.

171 S.E.2d 209 (1969)

7 N.C. App. 65

William E. ROBERTS, t/d/b/a Trans-Matic Transmission Service v. H. G. HERRING, t/d/b/a Herring Plumbing Company.

Court of Appeals of North Carolina.

December 17, 1969.


Attorney(s) appearing for the Case

No counsel for plaintiff appellee.

Marshall & Williams, by Lonnie B. Williams, Wilmington, for defendant appellant.


VAUGHN, Judge.

It is difficult to rationalize the theory upon which this case was tried and submitted to the jury. Undoubtedly the court was hindered by the absence of pleadings and by the failure of the defendant to tender issues which embraced his defenses.

In the part thereof which is pertinent to this appeal the court instructed the jury as follows:

"There was a contract here for work on a transmission—replacement of transmission. And,...

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