Russell v. Boice Hardwood Co.
This text of 200 N.C. 210 (Russell v. Boice Hardwood Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The chief exception relied upon by the defendant is the instruction of the trial judge to the jury to the effect that the burden of proof on the third issue was upon the defendant. The third issue was submitted by reason of the fact that the defendant at the close of all the evidence requested permission to amend its answer so that the pleading would conform to the evidence offered at the trial. Hence the defendant was compelled to take the position that the written contract relied upon by it had been modified by a verbal agreement. Thus the burden was upon the defendant to show the modification contended for.
There are other exceptions, but none of them warrant the overthrow of the judgment.
No error.
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200 N.C. 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russell-v-boice-hardwood-co-nc-1931.