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SPILLMAN v. AMERICAN HOMES OF MOCKSVILLE, INC.

No. 9122DC802.

422 S.E.2d 740 (1992)

108 N.C. App. 63

Paul M. SPILLMAN and wife, Connie Spillman, Plaintiffs Appellees, v. AMERICAN HOMES OF MOCKSVILLE, INC., Defendant Appellant.

Court of Appeals of North Carolina.

November 3, 1992.

Attorney(s) appearing for the Case

Law Offices of Grady L. McClamrock, Jr. by Michael J. Parker, Mocksville, for plaintiffs, appellees.

Peebles & Schramm by Stafford R. Peebles, Jr., Winston-Salem, for defendant, appellant.

HEDRICK, Chief Judge.

Defendant assigns as error the trial court's denial of its motion for a directed verdict. Defendant argues that plaintiff failed to produce evidence sufficient to submit either the issue of breach of contract or negligent performance of the contract to the jury. As the jury found in defendant's favor on the issue of breach of contract, the submission of that issue resulted in no prejudice to defendant and we do not therefore address that portion...

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