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SOUTHERN AUTO FINANCE COMPANY v. PITTMAN

No. 609.

117 S.E.2d 423 (1960)

253 N.C. 550

SOUTHERN AUTO FINANCE COMPANY, a Limited Partnership by Franklin S. Clark, Sole General Partner, v. T. G. PITTMAN and Jane Lassiter Aman.

Supreme Court of North Carolina.

December 14, 1960.

Attorney(s) appearing for the Case

Henry L. Anderson and Franklin S. Clark, Fayetteville, for plaintiff appellee.

Wiley Narron and L. Austin Stevens, Smithfield, for defendants appellants.

RODMAN, Justice.

The court gave peremptory instructions with respect to issues 2, 3, 4, and 5. Defendants assign these instructions as error.

Defendants, having admitted the execution of the note and lien, had the burden of establishing their plea of payment. Schwabenton v. Security National Bank, 251 N.C. 655, 111 S.E.2d 856; Cline Paving Co. v. Southland Speedways, Inc., 250...

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