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POWELL v. OMLI

No. 9121SC1157.

429 S.E.2d 774 (1993)

110 N.C. App. 336

Preston POWELL and Richard Powell, Plaintiffs, v. Allan T. OMLI, Defendant and Third-Party Plaintiff, v. PEACHTREE FASTENERS, INC. and Simplex Nails, Inc., Third-Party Defendants.

Court of Appeals of North Carolina.

June 1, 1993.

Attorney(s) appearing for the Case

John R. Surratt, P.A. by John R. Surratt and Andrew J. Gerber, Winston-Salem for plaintiffs.

Craige, Brawley, Liipfert & Ross by William W. Walker, Winston-Salem for defendant.

EAGLES, Judge.

Defendant brings forward three assignments of error. We reverse the entry of directed verdict against defendant on the promissory note. Plaintiffs bring forward seven assignments of error. As to plaintiffs' appeal, we affirm. Accordingly, we affirm in part, reverse in part, and remand for a new trial to determine the issue of defendant's alleged liability on the promissory note.

DEFENDANT'S APPEAL

I.

In his first assignment...

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