McDonald v. . Zimmerman

175 S.E. 92, 206 N.C. 746, 1934 N.C. LEXIS 304

Opinion

Bbogden, J.

It is accepted law that facts and transactions wbicb have no vital relation to the cause of action alleged, ought not to be scrambled in a complaint. However, mere scenery and stage decoration contained in a pleading do not warrant the conclusion that such may form the basis for the introduction of incompetent evidence at the trial. It is to be assumed that the trial judge will confine the evidence to the cause of action set up. Consequently it cannot be held, as a matter of law, that the allegations in the present complaint purporting to disclose the course of dealing between the defendant and his agent, Seay, are wholly irrelevant and harmful. See Pemberton v. Greensboro, 203 N. C., 514, 166 S. E., 396.

Affirmed.

Schenck, J., took no part in the consideration or decision of this case.