Scallon v. Hooper

VAUGHN, Judge.

We shall consider plaintiffs assignments of error concerning the trial court’s instructions first. The two basic issues are whether plaintiff was entitled to an instruction on G.S. 20-71.1 and whether a peremptory instruction was properly given in favor of defendant Charles Caldwell. We conclude that the trial court committed error in both regards and order a new trial on the agency issue.

It cannot be questioned that G.S. 20-71.1 was applicable to this case. As explained by the Court in Duckworth v. Metcalf, the statute essentially provides that:

[p]roof of ownership of the…