Sample v. Morgan
Sample v. Morgan
Opinion of the Court
Plaintiff first contends “the trial court committed reversible error in granting defendants’ motion to amend their answer.” Plaintiff recognizes the well-established rule that a motion to amend “is addressed to the sound discretion of the trial judge,” Smith v. McRary, 306 N.C. 664, 671, 295 S.E. 2d 444, 448 (1982) (citation omitted), but contends that the court’s action in the instant case constitutes an abuse of discretion. We disagree, noting that plaintiff has failed to identify any prejudice resulting from the court’s ruling in this regard. This assignment of error is overruled.
Plaintiff next contends that “the trial court committed reversible error in setting aside the verdict and granting defend
Affirmed.
Dissenting Opinion
dissenting.
I respectfully dissent. I would reverse the judgment notwithstanding the verdict allowed by the trial court and would permit the jury verdict to stand. I am cognizant of the recent decision of our Supreme Court in Brady v. Fulghum, 309 N.C. 580, 308 S.E. 2d 327 (1983), rejecting the doctrine of substantial compliance as a vehicle for salvaging claims of unlicensed contractors. Though relied upon by the majority, that case is not dispositive of the question here.
In the case sub judice, the general contractor was licensed at all times in dispute, without interruption. His license authorized him to enter and perform construction contracts having a value of up to $125,000. Before entering the contract with plaintiff, defendants altered their originally submitted plans and specifications by eliminating certain features from the original plans to reduce the estimated cost from the initial estimated cost of $130,000 to an
Case-law data current through December 31, 2025. Source: CourtListener bulk data.