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MARSICO v. ADAMS

No. 7925SC1123.

266 S.E.2d 696 (1980)

Ernest MARSICO d/b/a Mackie Building & Supply Company v. Fred M. ADAMS and wife, Irene Adams.

Court of Appeals of North Carolina.

June 3, 1980.

Attorney(s) appearing for the Case

West, Groome & Correll, by H. Houston Groome Jr. and Edward H. Blair Jr., Lenoir, for plaintiff-appellee.

Wilson, Palmer & Cannon, by David T. Flaherty Jr. and W. C. Palmer, Lenoir, for defendants-appellants.

HILL, Judge.

Defendants properly bring forth an argument in their appellate brief and state in part that, ". . . at least nominal damages should be awarded by way of a setoff. . . ." Defendants base their argument on their assignment of error # 13 and exception # 28. When we look to the record, however, no exception # 28 is apparent.

Appellate Rule 10(b) states that,

Each exception shall be set out immediately following the record of judicial action...

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