MUNCHAK CORP. v. CALDWELL

No. 7918SC814.

265 S.E.2d 654 (1980)

The MUNCHAK CORPORATION (DELAWARE) and RDG Corporation, a joint venture d/b/a The Carolina Cougars and The Munchak Corporation (Georgia) v. Joe L. CALDWELL.

Court of Appeals of North Carolina.

May 6, 1980.


Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard by Hubert Humphrey, Edward C. Winslow III, and Paul E. Marth, Greensboro, Powell, Goldstein, Frazer & Murphy by Frank Love, Atlanta, Ga., for plaintiff-appellant Munchak Corp. (Delaware).

Younce, Wall & Chastain by Percy L. Wall, Greensboro, for plaintiff-appellant Munchak Corp. (Georgia).

Smith, Moore, Smith, Schell & Hunter by Bynum M. Hunter, James L. Gale, Jeri L. Whitfield and Alan W. Duncan, Greensboro, for defendant-appellee.


HILL, Judge.

At the trial on defendant's counterclaim for specific performance, the trial court allowed defendant to introduce into evidence the entire record from the earlier hearing on plaintiffs' claim for reformation. Plaintiffs contend the court's action was in error.

It is clear that in most circumstances, testimony from a former trial is hearsay and inadmissible in a subsequent trial. "[P]reviously recorded testimony is authorized if it be shown that...

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