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HOME IMPROVEMENT FINANCING CORPORATION v. CUTHRELL

No. 23.

110 S.E.2d 484 (1959)

251 N.C. 75

HOME IMPROVEMENT FINANCING CORPORATION v. H. M. CUTHRELL and Mattie M. Cuthrell and N. E. Aydlett, Trustee, Additional Defendant.

Supreme Court of North Carolina.

October 14, 1959.

Attorney(s) appearing for the Case

Small & Small, Elizabeth City, for plaintiff appellant.

LeRoy, Goodwin & Wells, Elizabeth City, for defendants appellees.

WINBORNE, Chief Justice.

Appellants set out in the record of case on appeal fifteen assignments of error based upon nineteen exceptions. Some of them merit special consideration which the Court now gives.

It is contended that the court erred in overruling plaintiff's demurrer to paragraphs 8, 9, 10, 11, 12, 13, 14, 15 and 16 of the answer as saved by Exception 1. Turning to record of demurrer of plaintiff and the additional defendant, it appears that (1) they...

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