Hicks v. Clegg's Termite & Pest Control, Inc.

LEWIS, Judge.

Plaintiffs had a contract with defendant under which defendant was to inspect plaintiffs’ property for termites. After their home was damaged by termites, plaintiffs filed an action against defendant in Craven County Superior Court alleging breach of contract, negligence, breach of express warranty, breach of implied warranty, specific performance, fraud, and unfair trade practices. The case was tried before a jury, and at the close of plaintiffs’ evidence the trial court presented only two issues to the jury: whether defendant breached its contract with plaintiffs and if so, the…