Millis Construction Co. v. Fairfield Sapphire Valley, Inc.

EAGLES, Judge.

Defendant assigns error to the trial judge’s refusal to charge the jury on the issue of anticipatory breach as requested by the defendant pursuant to G.S. 1A-1, Rule 51(b).

It is the duty of the trial judge without any special requests to instruct the jury on the law as it applies to the substantive features of the case arising on the evidence. Faeber v. E.C.T. Corp., 16 N.C. App. 429, 192 S.E. 2d 1 (1972). When a party ap propriately tenders a written request for a special instruction which is correct in itself and supported by the evidence, the failure of the trial judge to…