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BOYD v. DRUM

No. COA97-941.

501 S.E.2d 91 (1998)

Wayne Jack BOYD and Linda Boyd, Plaintiffs, v. Ezra B. DRUM, Jessie S. Drum, Balls Creek Salvage Co., Inc., James G. Read and Balls Creek Salvage Co. Auto Dismantlers & Recyclers, Inc., Defendants.

Court of Appeals of North Carolina.

June 2, 1998.

Attorney(s) appearing for the Case

Ruff, Bond, Cobb, Wade & Bethune, L.L.P. by Robert S. Adden, Jr., Charlotte, for plaintiffs-appellants.

Waddell, Mullinax & Williams, L.L.P. by Lewis E. Waddell, Jr., Newton, for defendants-appellees.

HORTON, Judge.

Plaintiffs contend the trial court erred in: (I) denying their motion to amend the pleadings to conform to the evidence; and (II) granting directed verdicts and dismissing the cases against defendants Drum and Balls Creek. Defendants Read and ADR are not parties to this appeal.

I.

Plaintiffs first assign as error the failure of the court to allow them to amend their complaint to conform to the evidence. A motion to amend the pleadings...

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