UNIVERSAL C. I. T. CREDIT CORPORATION v. ROBERTS

No. 97.

61 S.E.2d 76 (1950)

232 N.C. 384

UNIVERSAL C. I. T. CREDIT CORPORATION v. ROBERTS.

Supreme Court of North Carolina.

September 20, 1950.


Attorney(s) appearing for the Case

Wilkinson & King, Rocky Mount, for defendant-appellant.

James W. Keel, Jr., Rocky Mount, and L. L. Davenport, Nashville, for plaintiff-appellee.


STACY, Chief Justice.

We have here for the second time in the same case a question of pleading.

On the prior appeal, the judgment sustaining the demurrer to the counterclaim was left undisturbed, while the judgment on the pleadings was vacated because of alleged waiver of payments which seemed sufficient to defeat the plaintiff's present right to invoke the acceleration clause in the conditional-sale contract. However, as the chattel in question had been sold...

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