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PHILLIPS v. AUTO FINANCE COMPANY OF NORTH CAROLINA

No. 597.

92 S.E.2d 766 (1956)

244 N.C. 220

C. J. PHILLIPS and wife, Opal H. Phillips, v. AUTO FINANCE COMPANY OF NORTH CAROLINA, Inc., a Corporation.

Supreme Court of North Carolina.

May 23, 1956.

Attorney(s) appearing for the Case

Merritt & Haines, Greensboro, for plaintiffs-appellants.

George C. Hampton, Jr., Greensboro, for defendant-appellee.

PER CURIAM.

The record and case on appeal present, in the main, a case of allegation without proof. For instance, there is allegation of agency but no competent proof of it. See D'Armour v. Beeson Hardware Co., 217 N.C. 568, 9 S.E.2d 12. There is oral testimony of declarations of individuals, but no proof that such persons are agents of defendant. And some documents are not properly identified for admission in evidence. Hence in the exclusion of evidence prejudicial...

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