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BURNS v. McELROY

No. 8126SC968.

291 S.E.2d 278 (1982)

Ann A. BURNS v. Pender R. McELROY, Administrator C. T. A. Under the Will and For the Estate of Maude H. Barnett, Deceased.

Court of Appeals of North Carolina.

May 18, 1982.

Attorney(s) appearing for the Case

Lane & Helms by Thomas G. Lane, Jr., Charlotte, for plaintiff-appellant.

James, McElroy & Diehl by Allen J. Peterson and David M. Kern, Charlotte, for defendant-appellee.

HEDRICK, Judge.

Based on Assignments of Error numbered 3, 4, and 5, plaintiff contends that the trial court erred in "not submitting certain issues" to the jury and in its instructions to the jury with respect to plaintiff's claim for services.

"The issues to be submitted to the jury are those raised by the pleadings and supported by the evidence." Johnson v. Massengill, 280 N.C. 376, 384, 186 S.E.2d...

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