McADAMS v. MOSER

No. 7815SC466.

253 S.E.2d 496 (1979)

40 N.C. App. 699

William T. McADAMS d/b/a McAdams Brothers v. Alton D. MOSER and wife, Carleen F. Moser.

Court of Appeals of North Carolina.

April 17, 1979.


Attorney(s) appearing for the Case

Coleman, Bernholz & Dickerson, Chapel Hill by Douglas Hargrave, Hillsborough, for plaintiff-appellee.

Sanders, Holt, Spencer & Longest by Emerson T. Sanders and James C. Spencer, Jr., Burlington, for defendants-appellants.


ARNOLD, Judge.

Relying on the "best evidence rule," defendants argue that part of the plaintiff's testimony was improperly admitted. This reliance is misplaced. Plaintiff was allowed to testify, over objection, to the number of men he probably used on the job, the actual footage of pipe used, and the number of hours spent grading. These facts, and others, had been recorded by plaintiff in small notebooks as the job progressed...

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