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PENDERGRAST v. AIKEN

No. 7628SC561.

231 S.E.2d 183 (1977)

32 N.C. App. 89

J. W. PENDERGRAST and wife, Catherine W. Pendergrast v. R. C. AIKEN et al.

Court of Appeals of North Carolina.

January 5, 1977.

Attorney(s) appearing for the Case

Wesley F. Talman, Jr., Asheville, for plaintiffs-appellants.

Morris, Golding, Blue & Phillips by William C. Morris, Jr., and Steven Kropelnicki, Jr., Asheville, for defendants-appellees.

VAUGHN, Judge.

Plaintiffs bring forward one assignment of error based on the sustaining of an objection to a question posed by him to one of his witnesses. The assignment of error cannot be sustained. The question was leading as well as argumentative. Moreover, what the evidence would have said does not appear in the record. Plaintiffs contend that what the witness would have said is clear from his previous testimony. If that is so, plaintiffs could not be prejudiced...

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