Court of Appeals of North Carolina March 29, 1972, 7223DC169 (Rose & Day, Inc. v. Cleary)

BRITT, Judge.

Defendant assigns as error the denial of his motion for a trial by jury. In his brief defendant admits that he did not demand a jury trial as provided by Rule 38 of the Rules of Civil Procedure and that his motion for trial by jury was based on Rule 39(b).