N.C.P.I.—Civil 741.35

The (state number) issue reads:

"Did the plaintiff rightfully reject the defendant's [delivery] [tender]

of the (name good)?"1

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

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

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

the plaintiff must prove, by the greater weight of the evidence, two

things:

First, that the plaintiff rejected the (name good) within a

reasonable time after its [delivery] [tender] by the defendant. (The

plaintiff cannot reject the (name good) if he has already accepted it.)2

Second, that the plaintiff seasonably notified the defendant of the

rejection. (If the defect is ascertainable by reasonable inspection and

the defendant could have cured it had he known what it was, the

plaintiff's notice must state the particular defect.)3

Finally, as to this (state number) issue on which the plaintiff has

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

the plaintiff rightfully rejected the defendant's [delivery] [tender] of the

(name good), then it would be your duty to answer this issue "Yes" in

favor of the plaintiff.

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

answer this issue "No" in favor of the defendant.