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MESIMORE v. PALMER

No. 533.

96 S.E.2d 356 (1957)

245 N.C. 488

Murry Lee MESIMORE and Marion Marlow Mesimore v. A. B. PALMER; C. D. Cook and wife, Elthie M. Cook; J. Lewis Patterson and wife, Blanche B. Patterson; and Arnold Franklin Abernethy and wife, Billie Menser Abernethy.

Supreme Court of North Carolina.

February 1, 1957.

Attorney(s) appearing for the Case

Richard M. Welling, Charlotte, for plaintiff appellants.

John Hugh Williams, Concord, for defendant appellees.

RODMAN, Justice.

Plaintiffs' first assignment of error is to the exclusion of evidence as to the value of the demised premises. We are unable to perceive any relevancy which the proffered testimony could have to the issues. Plaintiffs assert that it was relevant and material in showing the nature and extent of the breach. We do not agree, but if it should be conceded, the answer is that plaintiffs, after considerable maneuvering, selected the field of battie.

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