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BOB TATE CONST., INC. v. SCHULTZ

No. 8427SC165.

325 S.E.2d 45 (1985)

BOB TATE CONSTRUCTION, INC. v. Clyde James SCHULTZ and Rozsika Carol Schultz.

Court of Appeals of North Carolina.

February 5, 1985.

Attorney(s) appearing for the Case

Harris, Bumgardner & Carpenter by Don H. Bumgardner, Gastonia, for plaintiff-appellant.

Frank Patton Cooke by H. Randolph Sumner, Gastonia, for defendants-appellees.

JOHNSON, Judge.

At issue is whether the court's instructions on damages were proper. For the following reasons, we hold the court's instructions were erroneous and remand the cause for a new trial on the issue of damages.

Plaintiff has excepted to the following instructions of the court:

As to actual damages, the burden of proof on this is on the plaintiff to satisfy you, by the greater weight of the evidence, first, that the plaintiff has sustained...

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