BORDEN, INCORPORATED v. Brower

199 S.E.2d 414 (1973)

284 N.C. 54

BORDEN, INCORPORATED

v.

James C. BROWER, t/a Harvest Milling Company.

No. 1.

Supreme Court of North Carolina.

October 10, 1973.

H. Wade Yates, Asheboro, for defendant appellant.

LeRoy, Wells, Shaw, Hornthal & Riley by L. P. Hornthal, Jr., Elizabeth City, for plaintiff-appellee.

MOORE, Justice.

This appeal poses the sole question: Was defendant's evidence in support of his defenses and counterclaim admissible?

Plaintiff's evidence establishes a prima facie case for an unpaid balance on a promissory note under seal. Plaintiff contends that the material facts set forth in…