Spillman v. American Homes of Mocksville, Inc.

HEDRICK, Chief Judge.

Defendant assigns as error the trial court’s denial of its motion for a directed verdict. Defendant argues that plaintiff failed to produce evidence sufficient to submit either the issue of breach of contract or negligent performance of the contract to the jury. As the jury found in defendant’s favor on the issue of breach of contract, the submission of that issue resulted in no prejudice to defendant and we do not therefore address that portion of defendant’s argument.

Plaintiffs’ claim of negligence is premised upon the allegation that defendant’s failure to properly…