# Heart of the Valley Motel, Inc. v. Edwards

> Court of Appeals of North Carolina · September 7, 1993 · 111 N.C. App. 896

URL: https://www.frixlaw.com/law-library/cases/8892223

## Case

- **Full name:** HEART OF THE VALLEY MOTEL, INC. v. KYLE EDWARDS and wife, MARY SUE EDWARDS
- **Court:** Court of Appeals of North Carolina
- **Decided:** September 7, 1993
- **Citations:** 111 N.C. App. 896; 433 S.E.2d 466; 1993 N.C. App. LEXIS 936
- **Precedential status:** Published
- **Opinion:** Dissent by Greene
- **Judges:** Eagles, Greene, Lewis
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8892223

## Opinion text

Judge GREENE
dissenting.
I do not agree with the majority “that the trial court erred in placing the burden of proof on plaintiff to show nonpayment.” The general rule placing the burden of proving payment upon the party asserting payment does not apply in this case because the plaintiff seeks recision of the deed transfer on the grounds of nonpayment. See 70 C.J.S. Payment § 62 (1987). As such, nonpayment is an essential element of the plaintiff’s case and the plaintiff has the burden of proof on this issue. 70 C.J.S. Payment § 69, at 58 (1987) (“in a contract action, plaintiff has the burden of proving the nonpayment where the nonpayment is the very breach alleged”). Accordingly, the trial court correctly instructed the jury and did not err in denying plaintiff’s motion for a new trial.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8892223. Public record. Not legal advice.