EAGLES, Judge.
We first note that plaintiff argues this appeal should be dismissed because defendant did not order the transcript of the evidence within the time allowed by Rule 7 of the North Carolina Rules of Appellate Procedure. Plaintiff first made this motion in superior court; the superior court denied plaintiff's motion. The denial is not the subject of an assignment of error here. Accordingly, this issue is not before us.
I.
Defendant argues...
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