ARNOLD, Judge.
Defendant contends for the first time on appeal that the trial court erred in denying his motions for directed verdict made at the close of plaintiff's evidence and again at the close of all the evidence in that plaintiff's insureds' failure to obtain a building permit constituted negligence per se. We consider this contention since it was litigated by consent at trial as contemplated by Rule 15(b) of the North Carolina Rules of Civil Procedure. Rule...
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