MYERS & CHAPMAN, INC. v. THOMAS G. EVANS, INC.

No. 8726SC595.

365 S.E.2d 202 (1988)

MYERS & CHAPMAN, INCORPORATED v. THOMAS G. EVANS, INCORPORATED, et al.

Court of Appeals of North Carolina.

March 1, 1988.


Attorney(s) appearing for the Case

Robinson, Bradshaw & Hinson, P.A. by Richard A. Vinroot and Samuel D. Walker, Charlotte, for plaintiff-appellee.

Parker, Poe, Thompson, Bernstein, Gage, & Preston by Fred T. Lowrance, Charlotte, for defendants-appellants.


WELLS, Judge.

Defendants bring forward twelve separate assignments of error. However, the salient issues in this appeal are (1) whether the evidence supports the jury's finding that individual defendants Mr. and Mrs. Evans committed fraud, and (2) whether the trial court's instruction on gross negligence to permit a fraud was defective.

The evidence presented at trial established the following: On 14 December 1984 defendant Evans, Inc. entered into a subcontract...

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