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POTTER v. HOMESTEAD PRESERVATION ASS'N.

No. 8924SC494.

389 S.E.2d 146 (1990)

97 N.C. App. 454

Dorothy L.M. POTTER v. The HOMESTEAD PRESERVATION ASSOCIATION, Herman I. Bretan, and William Bretan.

Court of Appeals of North Carolina.

March 6, 1990.

Attorney(s) appearing for the Case

Moore, Lindsay & True by Stephen P. Lindsay, Asheville, for plaintiff appellant-appellee.

Norris and Peterson by Allen J. Peterson and Staunton Norris, Burnsville, for defendant appellees-appellants.

PHILLIPS, Judge.

In orally arguing this appeal the individual defendants contended for the first time that the verdict on Issues 4 and 5 cannot stand because any services plaintiff performed in regard to the 700-acre tract were necessarily for the benefit of the owner, The Homestead Preservation Association, which is no longer in the case. This issue was not raised by exception at trial, nor is it the subject of an assignment of error. Rule 10(b), N.C.Rules of Appellate...

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