WILKES HOME IMPROVEMENT COMPANY, INC. v. RUNDLE

No. 7323DC8.

194 S.E.2d 559 (1973)

17 N.C. App. 464

WILKES HOME IMPROVEMENT COMPANY, INC. v. Colin RUNDLE and wife, Mary Ann Rundle.

Court of Appeals of North Carolina.

February 28, 1973.


Attorney(s) appearing for the Case

Whicker, Vannoy & Moore by J. Gary Vannoy, North Wilkesboro, for plaintiff.

Joe O. Brewer, Brewer & Bryan, Wilkesboro, for defendants.


BROCK, Judge.

Plaintiff has brought forward and argued four assignments of error to the trial judge's charge to the jury. While we recognize defects in the charge, plaintiff has failed to show in what way the defects were prejudicial to it. "The burden is on appellant not only to show error, but that the alleged error was prejudicial and amounted to the denial of some substantial right." 1 Strong, N.C. Index 2d, Appeal and Error, § 46, p. 190.

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