Malloy v. Malloy

CLARK, Judge.

Defendant first assigns error to the refusal of the trial judge to submit the tendered issue of condonation to the jury. *59Plaintiff contends that there is no error because condonation was neither raised in the pleadings nor tried by implied consent under G.S. 1A-1, Rule 15(b). While it is true that the pleadings contain no allegation of condonation by plaintiff of defendant’s alleged adultery, we do not think this precludes defendant from litigating the issue. G.S. 1A-1, Rule 7 (a) provides in pertinent part, “There shall be a complaint and an answer; a reply to a counterclaim…