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SUPERIOR FOODS, INC. v. HARRIS-TEETER SUPER MARKETS

No. 7426SC818.

210 S.E.2d 900 (1975)

24 N.C. App. 447

SUPERIOR FOODS, INC. v. HARRIS-TEETER SUPER MARKETS, INC., and Mexico, Inc.

Court of Appeals of North Carolina.

January 15, 1975.

Attorney(s) appearing for the Case

Grier, Parker, Poe, Thompson, Bernstein, Gage, & Preston by Gaston H. Gage, Charlotte, for plaintiff appellant.

Wade & Carmichael by R. C. Carmichael, Jr., Charlotte, for defendant appellee Harris-Teeter Super Markets, Inc.

MARTIN, Judge.

Plaintiff contends the trial court erred in giving certain jury instructions where there was no evidence to support such instructions. It is obvious that the record on appeal does not contain all the evidence presented at trial. "If an exception is based upon the ground that there was no evidence to sustain the instruction, this Court cannot pass upon it, unless all of the evidence is sent up." Atwell v. Shook, 133 N.C. 387, 45 S.E. 777 (1903). At any...

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