MUNCHAK CORP. v. CALDWELL

No. 7718SC841.

246 S.E.2d 13 (1978)

37 N.C. App. 240

The MUNCHAK CORPORATION (Delaware) and RDG Corporation, a joint venture d/b/a the Carolina Cougars and the Munchak Corporation (Georgia) v. Joe L. CALDWELL.

Court of Appeals of North Carolina.

July 18, 1978.


Attorney(s) appearing for the Case

Forman & Zuckerman by William Zuckerman, Greensboro, and Powell, Goldstein, Ferazier & Murphy, Atlanta, Ga., for plaintiffs-appellants.

Smith, Moore, Smith, Schell & Hunter by Bynum M. Hunter and James L. Gale, Greensboro, for defendant-appellee.


ARNOLD, Judge.

I.

The plaintiffs' first contention is that the trial court erred (1) in denying plaintiffs' motion to amend their complaint to allege fraud, (2) in instructing the jury that fraud was not an issue, and (3) in refusing to instruct the jury that fraud of an agent is chargeable to a principal with knowledge.

Plaintiffs made their motion to amend pursuant to G.S. 1A-1, Rule 15 which reads in pertinent part:

"(a) Amendments...

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