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WHITLEY v. REDDEN

No. 6929SC285.

169 S.E.2d 260 (1969)

5 N.C. App. 705

C. J. WHITLEY v. Monroe M. REDDEN, Executor Estate of Leon D. Hyder.

Court of Appeals of North Carolina.

Certiorari Allowed October 16, 1969.

Attorney(s) appearing for the Case

Bailey & Davis by Gary A. Davis, Charlotte, for plaintiff appellee.

Redden, Redden & Redden, Hendersonville, for defendant appellant.

MALLARD, Chief Judge.

Plaintiff alleged the following in paragraph 8 of the complaint:

"That there is now due and owing to the plaintiff from the defendant the sum of One Hundred Eighty-Five Thousand ($185,000.00) Dollars, together with interest thereon at the rate of six (6%) per cent per annum from December 28, 1967, no part of which amount has been paid."

Defendant in answering this allegation of the complaint said:

"That the allegations...

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