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GOODRICH v. RICE

No. 8415DC1059.

331 S.E.2d 195 (1985)

William D. GOODRICH and wife, Brenda Goodrich and Shirley R. Morter v. Warren RICE and Rice Excavating, Inc.

Court of Appeals of North Carolina.

July 2, 1985.

Attorney(s) appearing for the Case

Winston, Blue & Rooks by J. William Blue, Jr., Chapel Hill, for plaintiffs-appellees.

Levine, Stewart & Tolton by Michael D. Levine, Chapel Hill, for defendants-appellants.

MARTIN, Judge.

Defendant's assignments of error relate to the granting of plaintiffs' motion to amend the complaint, sufficiency of the evidence to support the findings, the denial of his motion for directed verdict, and the award of damages, including treble damages and attorneys' fees. We reverse the award of treble damages and attorneys' fees as being unsupported by the evidence and remand the cause for entry of judgment entitling the real party in interest to...

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