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BEESON v. MOORE

No. 7618SC406.

229 S.E.2d 703 (1976)

Carl James BEESON v. Richard Lee MOORE.

Court of Appeals of North Carolina.

November 17, 1976.

Attorney(s) appearing for the Case

Morgan, Byerly, Post, Herring & Keziah by James F. Morgan, High Point, for plaintiff.

Bencini, Wyatt, Early & Harris by William E. Wheeler, High Point, for defendant.

MARTIN, Judge.

Plaintiff contends the trial court committed error by entering summary judgment in favor of defendant.

In the instant case, it is clear that the plaintiff admitted the execution of a release. It is therefore incumbent upon him to prove any matter in avoidance. See Caudill v. Manufacturing Co., 258 N.C. 99, 128 S.E.2d 128 (1962). See also Matthews v. Hill,

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