N.C.P.I.—Civil 501.52

The (state number) issue reads:

"Did the plaintiff procure the signature of the defendant on the

(name type of contract) by trick?"

(You will answer this issue only if you have answered the (state

number)1 issue "Yes" in favor of the plaintiff.

On this issue the burden of proof is on the defendant. This means

the defendant must prove, by the greater weight of the evidence, that

the plaintiff induced the defendant to sign a document different from the

one intended with the result that the document the defendant intended

to sign and the document he actually signed are not the same.2

In making your determination you may consider3

[whether the plaintiff surreptitiously substituted one document for

another]

[whether the defendant was [blind] [illiterate] and the plaintiff

falsely read the contents of the document to him]

[whether the plaintiff used some trick to obtain the defendant's

signature on the document (other than by making false representations

concerning the contents of the document)]

[whether the document intended to be signed and the document

actually signed were different documents].

Finally as to the (state number) issue on which the defendant has

the burden of proof, if you find by the greater weight of the evidence that

the plaintiff procured the signature of the defendant on the (name type of

contract) by trick, then it would be your duty to answer this issue "Yes" in

favor of the defendant.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the plaintiff.