WHITLEY v. REDDEN

No. 57.

171 S.E.2d 894 (1970)

C. J. WHITLEY v. Monroe M. REDDEN, Executor of the Estate of Leon D. Hyder.

Supreme Court of North Carolina.

January 30, 1970.


Attorney(s) appearing for the Case

Bailey & Davis, Charlotte, for plaintiff-appellant.

Redden, Redden & Redden, Hendersonville, for defendant-appellee.


BRANCH, Justice.

Defendant contends that the trial judge erred in failing to submit an issue as to the amount defendant owed plaintiff, if anything. The often-used issue, "How much, if anything, is plaintiff entitled to recover," is not sufficient when other issues of fact are raised. This is true because submission of the single issue may omit controverted facts upon which the right to recover is based. Yates v. W. F. Mickey Body Co., 258 N.C. 16<...

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