MILLIS CONST. CO. v. FAIRFIELD SAPPHIRE VAL., INC.

No. 8630SC1209.

358 S.E.2d 566 (1987)

MILLIS CONSTRUCTION COMPANY v. FAIRFIELD SAPPHIRE VALLEY, INC.

Court of Appeals of North Carolina.

August 4, 1987.


Attorney(s) appearing for the Case

Smith, Bonfoey & Queen by Frank G. Queen, Waynesville, for plaintiff-appellee.

Coward, Cabler, Sossomon & Hicks by J.K. Coward, Jr., Sylva, for defendant-appellant.


EAGLES, Judge.

I

Defendant assigns error to the trial judge's refusal to charge the jury on the issue of anticipatory breach as requested by the defendant pursuant to G.S. 1A-1, Rule 51(b).

It is the duty of the trial judge without any special requests to instruct the jury on the law as it applies to the substantive features of the case arising on the evidence. Faeber v. E.C.T. Corp., 16 N.C. App. 429...

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