# Flack v. Garriss

> Court of Appeals of North Carolina · August 3, 1982 · 58 N.C. App. 573

URL: https://www.frixlaw.com/law-library/cases/8904655

## Case

- **Full name:** PATRICK RANDOLPH FLACK and LOIS ELAINE FLACK, by and through their Guardian Ad Litem, Lois R. Flack Garriss v. MARCUS A. GARRISS, BIANCA M. BROWN, GILBERT W. CHICHESTER, CMC FINANCE GROUP, INC.
- **Court:** Court of Appeals of North Carolina
- **Decided:** August 3, 1982
- **Citations:** 58 N.C. App. 573; 293 S.E.2d 827; 1982 N.C. App. LEXIS 2798
- **Precedential status:** Published
- **Opinion:** Dissent by Vaughn
- **Judges:** Chichester, Defendants, Harry, Hill, Martin, Vaughn
- **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/8904655

## Opinion text

Judge Vaughn
dissenting.
I concur in the result reached as to defendant Chichester.
I must, however, dissent from the opinion of the majority as to the other defendant. The judge instructed the jury that:
“First, there must be a voluntary conveyance, and a voluntary conveyance or a conveyance is deemed to be voluntary when the purchaser does not pay a reasonably fair price such as would indicate unfair dealing and be suggestive of fraud.”
That instruction is obviously wrong and went to the heart of plaintiffs’ case. There was ample evidence that would have permitted the jury to find for plaintiffs without finding that there *577 was a voluntary conveyance. The error was never corrected and was manifestly prejudicial. For the error assigned, I vote to order a new trial.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8904655. Public record. Not legal advice.