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DURHAM LIFE BROADCAST v. INTERNATIONAL CARPET OUTLET

No. 8210DC1036.

306 S.E.2d 459 (1983)

DURHAM LIFE BROADCASTING, INC. v. INTERNATIONAL CARPET OUTLET, INC.

Court of Appeals of North Carolina.

September 6, 1983.

Attorney(s) appearing for the Case

Smith, Debnam, Hibbert & Pahl by Bettie Kelley Sousa, Raleigh, for plaintiff-appellant.

Gulley & Barrow, by H. Spencer Barrow, Raleigh, for defendant-appellee.

ARNOLD, Judge.

When an action is brought by a plaintiff, it has the burden of proof of establishing a right to recover. It must allege and prove all the essential elements of its cause of action. See Wiles v. Mullinax, 275 N.C. 473, 483, 168 S.E.2d 366, 373 (1969). In this case, the plaintiff failed to prove the existence of a contract, which was a prerequisite to its right of recovery.

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