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JOHNSON & LAUGHLIN, INC. v. HOSTETLER

No. 9020SC352.

400 S.E.2d 80 (1991)

101 N.C. App. 543

JOHNSON & LAUGHLIN, INC., Plaintiff, v. Herbert J. HOSTETLER, Defendant. PELLA WINDOW & DOOR CO., Plaintiff, v. Herbert HOSTETLER, Darlene Hostetler and Johnson & Laughlin, Inc., Defendants.

Court of Appeals of North Carolina.

February 5, 1991.

Attorney(s) appearing for the Case

Douglas R. Gill, Southern Pines, for plaintiff-appellee Johnson & Laughlin, Inc.

Brooks, Pierce, McLendon, Humphrey & Leonard by James R. Saintsing, Greensboro, for plaintiff-appellee Pella Window & Door Co.

McCrann Law Firm, P.A. by Michael J. McCrann, Aberdeen, for defendant-appellant Herbert J. Hostetler.

PHILLIPS, Judge.

Defendant's appeal from the denial of his motion for a new trial raises only one question—was the jury's failure to follow the court's instructions as to the steps to follow in determining the issues prejudicial error? We agree with the trial judge that it was not.

Though plaintiff's two claims against defendant Hostetler were separately stated in the complaint and were based upon different circumstances and legal theories—one...

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