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TOMLINSON v. BREWER

No. 7210SC354.

189 S.E.2d 586 (1972)

William E. TOMLINSON v. Kidd BREWER and wife, Mary Frances Linney Brewer.

Court of Appeals of North Carolina.

June 28, 1972.

Attorney(s) appearing for the Case

Early & Chandler by Walter J. Early, Rocky Mount, for plaintiff-appellant.

Wolff & Harrell by Bernard A. Harrell, Raleigh, for defendants-appellees.

HEDRICK, Judge.

Appellant contends the Court erred in considering certain affidavits and exhibits in ruling on the defendants' motion for summary judgment on the counterclaim. In response to this contention appellee in his brief states:

"Even conceding arguendo, that the admission of the affidavits and the letters at the hearing was erroneous, such error was not prejudicial. The trial court based its ruling and its judgment not upon the affidavits or letters...

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