La Notte, Inc. v. New Way Gourmet, Inc.

Judge COZORT

concurs in part and dissents in part.

I dissent with the portion of the majority opinion granting a new trial for defendants on the issue of the defendants’ counterclaim and third party claim for unfair and deceptive trade practices. In my opinion the defendants waived the right to have certain factual issues determined by the jury because they failed to properly demand their submission to the jury. In Superior Foods, Inc. v. Harris-Teeter Super Markets, Inc., and Merico, Inc., 288 N.C. 213, 217 S.E. 2d 566 (1975), the Supreme Court held that, *487“the right to have an issue of fact…