No. 692SC197.

167 S.E.2d 467 (1969)

4 N.C. App. 606

R. C. SEXTON v. James Daniel LILLEY.

Court of Appeals of North Carolina.

May 28, 1969.

Attorney(s) appearing for the Case

Peel & Peel, by Elbert S. Peel, Williamston, for plaintiff appellant.

Griffin & Martin, by Clarence W. Griffin, Williamston, for defendant appellee.

MALLARD, Chief Judge.

Each party in his brief assumes that the release alleged by defendant is properly in evidence in this case. A careful reading of the pleadings reveal that defendant pleaded the release attached to his answer, marked Exhibit "A", but the plaintiff did not admit in his reply or in his testimony that he signed or executed this particular release. The plaintiff admits in his reply that he signed "a paperwriting on or about the 14th day of March,...

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