(Download) "Industrial Circuits Co. v. Terminal Communications Inc." by Court of Appeals of North Carolina No. 7510SC290 * eBook PDF Kindle ePub Free
eBook details
- Title: Industrial Circuits Co. v. Terminal Communications Inc.
- Author : Court of Appeals of North Carolina No. 7510SC290
- Release Date : January 16, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
The court, in its instructions to the jury, specifically directed the jury that they could not consider the ""bill back"" figures as damages for breach of contract. From the jury verdict, it is apparent that the jury disregarded this instruction and included the bill back charges. From the evidence presented, there is no other way the jury could have arrived at the verdict it did. The court found that the verdict on the third issue (damages) constituted a ""manifest disregard by the jury of the instructions of the Court"" within the language of G.S. 1A-1, Rule 59(a) (5), one of the grounds upon which a new trial may be granted upon motion of a party or on the initiative of the court. G.S. 1A-1, Rule 59(d). We think the court properly found that the jury had disregarded his instructions on this issue. However, we do not agree that the court acted properly or with authority when it entered an order, ""[i]n its discretion, as an alternative to ordering a new trial,"" eliminating the ""bill back"" item of § 8,168.51 and reducing the verdict to $12,626.30, without the consent of the interested party. The rule is stated in Bethea v. Kenly, 261 N.C. 730, 732, 136 S.E.2d 38, 40 (1964):