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PONDER v. BUDWEISER OF ASHEVILLE, INC.

No. 7624SC33.

226 S.E.2d 539 (1976)

30 N.C. App. 200

Zeno Herbert PONDER v. BUDWEISER OF ASHEVILLE, INC. and William Alexander Fox.

Court of Appeals of North Carolina.

July 21, 1976.

Attorney(s) appearing for the Case

Gudger & McLean, by Lamar Gudger, Asheville, for plaintiff appellee.

Morris, Golding, Blue & Phillips, by James N. Golding, Asheville, for defendant appellants.

MORRIS, Judge.

Defendants, noting the plaintiff's evidence as to diminution of profits in the corporate farming operation, contend that the trial court erred ". . . by permitting the plaintiff to speculate as to profits which the corporation might have made. . . [in that] no allegation of such special damage appears in the complaint. . . and . . . [s]peculative evidence of corporation profits are not permitted to show loss of income or earning capacity in a personal...

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