Rheinberg-Kellerei GMBH v. Vineyard Wine Co.

WELLS, Judge.

The first question presented by plaintiffs appeal is whether the trial court was correct in its conclusion that the risk of loss for the wine never passed from plaintiff to defendant due to the failure of plaintiff to give prompt notice of the shipment to defendant. Plaintiff made no exceptions to the findings of fact contained in the judgment and does not contend that the facts found were unsupported by the evidence. Our review on appeal is limited to a determination of whether the facts found support the court’s conclusions and the judgment entered. Rule 10(a), N.C. Rules of…