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PRIDGEN v. CALLAWAY

No. 794SC255.

260 S.E.2d 441 (1979)

44 N.C. App. 163

J. C. PRIDGEN and wife, Dolletha M. Pridgen v. John Raymond CALLAWAY and wife, Margaret C. Callaway, partners trading and doing business under the firm name and style of Callaway Land and Timber Company; Crossroads Woodyards, Inc.; Callamac, Inc.; and Almon Frank Johnson.

Court of Appeals of North Carolina.

December 4, 1979.

Attorney(s) appearing for the Case

Jeff D. Johnson, III, Clinton, for plaintiffs-appellants.

Benjamin R. Warrick, Clinton, for defendants-appellees.

WEBB, Judge.

The plaintiffs have brought forward three assignments of error. The first deals with a statement made by the judge while the plaintiffs' attorney was cross-examining a witness. The plaintiffs' attorney was questioning the witness in regard to a telephone directory. The witness was having difficulty with his answers and the following colloquy occurred.

"COURT: Let me ask you this, Mr. Carr: Are you able to read and write? WITNESS: No...

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