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Consumer Law Keyed to Pridgen, 5th Ed.
Marshall v. Miller
Citation:
276 S.E.2d 397, 302 N.C. 539 (1981)Facts
The plaintiffs were residents of a mobile home park in Greensboro, North Carolina, operated by defendants Ernest W. Miller, Jane D. Miller, and Ira Grossman. Defendants allegedly made representations to plaintiffs concerning various services and amenities that would be provided to lessees of lots in the mobile home park. Plaintiffs presented evidence, and the jury found as fact, that defendants led plaintiffs to believe they would be furnished with two playgrounds, one basketball court, one swimming pool, adequate garbage facilities and pickup, complete yard care, paved and lighted streets, and common facilities. The jury further found that during the period between October 7, 1974, and the filing of the action on October 7, 1977, defendants failed to provide any of these promised facilities or services. Based on these jury findings, the trial judge determined as a matter of law that certain of defendants’ misrepresentations constituted unfair or deceptive acts or practices within the meaning of G.S. 75-1.1, and damages were trebled pursuant to G.S. 75-16.
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