Harris v. Bridges

VAUGHN, Judge.

Plaintiffs first assignment of error is in two parts. Plaintiff argues first that the trial court committed prejudicial error by denying plaintiffs motion to amend to conform to the evidence. Although the amendment should have been allowed, denial of the motion does not affect the result we must reach on the appeal. According to G.S. 1A-1, Rule 15(b):

When issues not raised by the pleadings are tried by the express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be…