Whitley v. Redden

Defendant contends that the trial judge erred in failing to submit an issue as to the amount defendant owed plaintiff, if anything. The often-used issue, “How much, if anything, is plaintiff entitled to recover,” is not sufficient when other issues of fact are raised. This is true because submission of the single issue may omit controverted facts upon which the right to recover is based. Yates v. Body Co., 258 N.C. 16, 128 S.E. 2d 11. However, it is not error for the trial court to fail to submit to the jury an issue as to the amount of indebtedness where it appears that the amount is…