Brown v. Alexander

The defendants assign as error the signing and entry of the order by Judge Beal. This presents for review the legal sufficiency of the application for examination to support the order of examination. Webb v. Gaskins, 255 N.C. 281, 121 S.E. 2d 564.

The plaintiff by his affidavit in support of his application for examination, by the agreed statement of case on appeal, and by the statement of facts in his brief, asserts that this action was instituted for the purpose of securing specific performance of a contract to deliver stock of the corporate defendant; or, in the alternative, to recover…