Durham Life Broadcasting, Inc. v. International Carpet Outlet, Inc.

ARNOLD, Judge.

When an action is brought by a plaintiff, it has the burden of proof of establishing a right to recover. It must allege and prove all the essential elements of its cause of action. See Wiles v. Mullinax, 275 N.C. 473, 483, 168 S.E. 2d 366, 373 (1969). In this case, the plaintiff failed to prove the existence of a contract, which was a prerequisite to its right of recovery.

G.S. 8-45 does not establish the existence of a contract as the plaintiff argues. That statute says:

In any actions instituted in any court of this State upon an account for goods sold and delivered, for rents,…