HUNTER v. SPAULDING

No. 8810SC1404.

388 S.E.2d 630 (1990)

Preston and Peggy HUNTER v. George F. SPAULDING.

Court of Appeals of North Carolina.

February 20, 1990.


Attorney(s) appearing for the Case

Hensley, Huggard, Seigle, Obiol and Bousman by John P. Huggard, Raleigh, for plaintiffs-appellees.

Hunton and Williams by Odes L. Stroupe, Jr. and A. Todd Brown, and Thigpen, Blue and Stephens by Ralph L. Stephens, Raleigh, for defendant-appellant.


BECTON, Judge.

Plaintiffs instituted this action alleging unfair and deceptive trade practices and actual and constructive fraud on the part of defendant. At trial, defendant was called as an adverse witness. Plaintiffs moved to strike his answer when he admitted he had not personally answered plaintiff's written interrogatories. The trial judge struck the answer and entered a default judgment against defendant on the actual fraud claim and awarded compensatory damages...

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