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COBLE v. MARTIN FIREPROOFING GEORGIA, INC.

No. 7415DC1072.

214 S.E.2d 239 (1975)

25 N.C. App. 671

P. J. COBLE, Individually and t/a P. J. Coble Construction Co. v. MARTIN FIREPROOFING GEORGIA, INC.

Court of Appeals of North Carolina.

May 7, 1975.

Attorney(s) appearing for the Case

Vernon, Vernon & Wooten by Wiley P. Wooten, Burlington, for plaintiff-appellee.

Latham, Cooper & Ennis by Thomas D. Cooper, Jr., Burlington, for defendant-appellant.

BROCK, Chief Judge.

The resolution of a single argument is all that is necessary for the disposition of this appeal: Did the trial court violate the mandate of G.S. § 1A-1, Rule 51(a), by failing to "declare and explain the law arising on the evidence"? We agree with defendant that it did, and order a new trial.

The charge given by the trial court merely recapitulated the evidence, stated the parties' contentions...

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