W & H GRAPHICS, INC. v. Hamby

PARKER, Judge.

Plaintiffs’ Claims For Relief

The judgment entered 14 March 1979 was based upon the granting of plaintiff Winkler’s motion at the close of trial to amend the pleadings to conform to the evidence and seek involuntary dissolution of the corporation pursuant to G.S. 55-125. The validity of that judgment as to plaintiffs’ claims for relief depends upon whether the motion to amend was properly granted. We hold that it was not.

G.S. 1A-1, Rule 15(b) provides in part:

Amendments to conform to the evidence. — When issues not raised by the pleadings are tried by the express or implied…