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FARMERS COOP. EXCHANGE, INC. v. HOLDER

No. 461.

139 S.E.2d 726 (1965)

263 N.C. 494

FARMERS COOPERATIVE EXCHANGE, INC. v. William C. H. HOLDER, and Leland Barbour and Grayson Byrd, trading as B & B Farm Equipment Company.

Supreme Court of North Carolina.

January 15, 1965.

Attorney(s) appearing for the Case

L. Bruce Gunter and R. P. Upchurch, Raleigh, for plaintiff appellant.

Ferree, Anderson & Ogburn, Asheboro, for appellee Holder.

Deane F. Bell, Asheboro, for appellees Barbour and Byrd.

RODMAN, Justice.

Plaintiff's evidence suffices to show these facts: Plaintiff agreed to provide service when the tractor was sold. Holder, when the first installment became due, refused to pay, assigning as his reason plaintiff's failure to provide maintenance service as it had agreed. His offer to surrender possession was accepted in April or May. On July 24, 1962, Holder, at the request of plaintiff, executed a writing denominated "RELEASE." The release recites...

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