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WHEELER v. WHEELER

No. 82.

263 S.E.2d 763 (1980)

Mary Lou WHEELER v. Raymond W. WHEELER.

Supreme Court of North Carolina.

April 1, 1980.

Attorney(s) appearing for the Case

Charles T. Myers, Myers, Ray & Myers, Charlotte, for plaintiff-appellant.

Ernest S. Delaney, Jr., Delaney, Millette, DeArmon & McKnight, Charlotte, for defendant-appellee.

CARLTON, Justice.

I.

At issue in this case is the sufficiency of the jury charge on waiver where the evidence indicated that defendant continued performing his contractual duties and continued accepting plaintiff's partial performance of her contractual duties for some eleven years after plaintiff's breach. We find that the jury charge was sufficient on the issue of waiver and reverse the Court of Appeals.

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