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PEARCE v. SOUTHERN BELL TEL. AND TEL. CO.

No. 49.

261 S.E.2d 176 (1980)

299 N.C. 64

Paul H. PEARCE v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY and John C. Ward, Trading and Doing Business as John's Phone Booth Service Company.

Supreme Court of North Carolina.

January 8, 1980.

Attorney(s) appearing for the Case

Brown & Culbreth by Stephen E. Culbreth, Wilmington, for plaintiff-appellee.

Poisson, Barnhill, Butler & Britt by L. J. Poisson, Jr., and John C. Collins, Wilmington, R. Frost Branon, Jr., Gen. Atty. for Southern Bell, Charlotte, Joyner & Howison by Edward S. Finley, Jr., Raleigh, Drury B. Thompson, Vice President and Gen. Counsel for Southern Bell, of counsel, for defendant-appellant.

HUSKINS, Justice:

The dispositive question on this appeal is whether statements allegedly made to plaintiff by defendant's agent R. W. Rochelle, were properly admissible into evidence as the admissions of Southern Bell.

In North Carolina there are two grounds upon which the statement of an agent to a third party will be admitted into evidence as the admission of the principal. See generally, 2 Stansbury, North Carolina Evidence, § 169 (Brandis...

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