Court of Appeals of North Carolina May 28, 1969, 692SC197 (Sexton v. Lilley)

MallaRD, C.J.

Each party in his brief assumes that the release alleged by defendant is properly in evidence in this case. A careful reading of the pleadings reveal that defendant pleaded the release attached to his answer, marked Exhibit “A”, but the plaintiff did not admit in his reply or in his testimony that he signed or executed this particular release.