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NC · jury_instructions

N.C.P.I.—Civil 806.02

CONVERSION - DEFENSE OF SALE (OR EXCHANGE).

activein force · 1996-05-01 – presentas-observed

The (state number) issue reads:

"Did the plaintiff sell the (name personal property) to the

defendant?"

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

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

that the plaintiff sold the (name personal property) to him.

A "sale" consists of the passing of ownership from the seller to the

buyer for a price1 or other valuable consideration.2

Finally, as to this issue on which the defendant has the burden of

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

sold the (name personal property) to the defendant, 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.

History

N.C.P.I.—Civil 806.02 (May 1996). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.

Provenance

Source
sog.unc.edu
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
da694fc63f610a0f8c2b816cd841d9d3e84f2ddd2979798d55769056424cea0c
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