Plymouth Pallet Co., Inc. v. Wood

ARNOLD, Judge.

Defendant’s only assignment of error is that the trial court erred in refusing to explain the law of gift to the jury and to submit that issue to them with appropriate instructions.

When charging the jury in a civil case, it is the duty of the trial court to explain the law and to apply it to the evidence on the substantial issues of the action. G.S. 1A-1, Rule 51; Cockrell v. Cromartie Transport Co., 295 N.C. 444, 245 S.E. 2d 497 (1978). When a party contends that certain acts constitute a defense against another, the trial court must submit the issue to the jury with…