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McCULLEN v. WEL-MIL CORPORATION

No. 748DC774.

209 S.E.2d 507 (1974)

23 N.C. App. 736

Charles McCULLEN and Mike Wilkinson, Trading as C. & M. Paint Company v. WEL-MIL CORPORATION, d/b/a Wells Construction Company.

Court of Appeals of North Carolina.

November 20, 1974.

Attorney(s) appearing for the Case

Strickland & Rouse, by Thomas E. Strickland and David M. Rouse, Goldsboro, for plaintiff appellees.

Barnes & Braswell, by Henson P. Barnes and Michael A. Ellis, Goldsboro, for defendant appellant.

MARTIN, Judge.

The gist of defendant's first assignment of error is that there was an insufficient basis provided by plaintiffs' evidence by which the jury could determine plaintiffs' damages. Defendant bases his argument on Tillis v. Cotton Mills and Cotton Mills v. Tillis, 251 N.C. 359, 111 S.E.2d 606 (1959) where the Court states that a party seeking damages for breach of an executory contract...

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