Pegram-West, Inc. v. Winston Mutual Life Insurance

The errors assigned by defendant, and set forth in the record as required by the rules of this Court are nine in number. And while prejudicial error is not made to appear, we consider them in proper groups.

I. Assignments of error Nos. 1, 2 and 4, relating to exceptions 1, 2 and 4, as stated by appellant, may be combined in this manner: That the court committed error (1) “in permitting the introduction of oral testimony to prove the terms of the contract, in variance with that set up in the complaint, — the statute of frauds having been specially pleaded”; (2) “in admiting testimony of a…