Mideastern Construction Co. v. Hamlett

187 S.E.2d 438, 14 N.C. App. 57, 1972 N.C. App. LEXIS 2035
Court of Appeals of North Carolina·Decided March 29, 1972·No. No. 7210SC214·Published·Cited by 2 cases

Opinion

MORRIS, Judge.

Of the 48 exceptions included in plaintiffs’ nine assignments of error, 46 are to the exclusion of evidence, for the most part as to Richard Hamlett. Assignment of error No. 1, which is as follows: “The Trial Court erred in the exclusion as to Richard Hamlett of evidence of the contractual arrangements and agreements made with plaintiff, and the matters and things done in their fulfillment, both prior to and subsequent to communications between plaintiff and Richard Hamlett.”, includes 27 exceptions. The exceptions are numbered seriatim at the end of the assignment of error. Following the list of exceptions is a list of pages of the record. Each assignment of error including exceptions to rulings on evidence is done in identical fashion. This obviously does not comply with Rule 21 or Rule 19 (c), Rules of Practice in the Court of Appeals of North Carolina, nor with requirements of this Court and the Supreme Court. In re Will of Adams, 268 N.C. 565, 151 S.E. 2d 59 (1966) ; Nye v. Development Co., 10 N.C. App. 676, 179 S.E. 2d 795 (1971), cert. denied 278 N.C. 702 (1971). In [59] order to determine what might have been erroneous in the court’s ruling on any one exception, we have had to spend a greater amount of time than warranted in a voyage of discovery through the record. This voyage results in the conclusion that no prejudicial error appears.

With respect to 12 of the exceptions, the record does not disclose what the witness’s answer would have been. There is, therefore, nothing for the Court to consider. Barringer v. Weathington, 11 N.C. App. 618, 182 S.E. 2d 239 (1971).

By his assignment of error No. 8, appellant contends that the court erred in denying his motions to reverse and vacate the earlier rulings excluding evidence as to- Richard Hamlett. This assignment of error is without merit.

Appellant’s remaining assignment of error is directed to the court’s allowing defendants’ motions for directed verdict. Appellant concedes that there is no evidence of any agreement between appellant and Richard Hamlett with respect to the payment of commissions for obtaining the land in question. He contends, however, that the evidence would support the submission to the jury of a variety of issues any one of which would establish liability. Appellant argues that the evidence would support an issue on the theory of quantum meruit; on the theory of a partnership between Leslie Hamlett and Richard Hamlett; on the theory that Richard Hamlett assumed, ratified, confirmed and accepted the benefits of the contract entered into between appellant and Leslie Hamlett; on the theory that Leslie Hamlett was acting as agent for his principal, Richard Hamlett; on the theory that Richard Hamlett, as a promoter for Capitol City Development Corporation, is liable for the debts and obligations incurred in its behalf prior to its incorporation; or on the theory of an implied contract. Our study of the record leads us to the conclusion that, viewing the evidence in the light most favorable to the plaintiff, there is insufficient evidence to support the submission of an issue to the jury on any of these theories as to Richard Hamlett. There is no evidence that Richard Hamlett ever authorized anyone to act for him, or that he ever even knew of an agreement between Leslie and appellant.

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Mideastern Construction Co. v. Hamlett, 187 S.E.2d 438, 14 N.C. App. 57, 1972 N.C. App. LEXIS 2035 (N.C. Ct. App. 1972).

187 S.E.2d 438 (Mideastern Construction Co. v. Hamlett) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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