REYNOLDS v. EARLEY

No. 89.

85 S.E.2d 904 (1955)

241 N.C. 521

JOHN REYNOLDS v. Clarence EARLEY and wife, Elveta Earley.

Supreme Court of North Carolina.

March 2, 1955.


Attorney(s) appearing for the Case

Cecil C. Jackson and Wm. W. Candler, Asheville, for defendants-appellants.

Ward & Bennett and McLean, Elmore, Martin & Gudger, Asheville, for plaintiff-appellee.


PARKER, Justice.

The defendants during the pendency of the action filed three Answers. They assign as error No. One, Judge Clarkson, upon motion of the plaintiff, "striking out parts of defendant's answer." However, they bring forward and discuss in their brief only the striking out of all allegations to the effect that H. R. Green could not execute a valid assignment of the lease and option to the plaintiff, because at the time of its execution and delivery he was...

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