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PERFORMANCE MOTORS, INC. v. ALLEN

No. 714SC219.

181 S.E.2d 134 (1971)

11 N.C. App. 381

PERFORMANCE MOTORS, INC. v. Alva Jane Riggs ALLEN.

Court of Appeals of North Carolina.

Certiorari Allowed July 30, 1971.

Attorney(s) appearing for the Case

Darris W. Koonce, Trenton, for plaintiff appellant.

Brock & Gerrans by Donald P. Brock, Trenton, for defendant appellee.

Certiorari Allowed by Supreme Court July 30, 1971.

CAMPBELL, Judge.

Plaintiff's Assignment of Error No. 4 is to the refusal of the trial judge to give a requested special instruction on the issue of damages. Plaintiff requested the court to charge on the issue of damages as follows:

"Ordinarily, the measure of damages for breach of warranty in the sale of personal property is the difference between the market value of the goods at the time and place...

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