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GOLDSTON BROS., INC. v. NEWKIRK

No. 235.

67 S.E.2d 69 (1951)

234 N.C. 279

GOLDSTON BROS., Inc. v. NEWKIRK et ux.

Supreme Court of North Carolina.

October 17, 1951.

Attorney(s) appearing for the Case

Gavin, Jackson & Gavin, Sanford, for plaintiff, appellant.

Rivers D. Johnson, Warsaw, and S. Ray Byerly, Sanford, for defendants, appellees.

JOHNSON, Justice.

The decision on the former appeal upheld the judgment of Judge Carr in its two material aspects, i. e. (1) in adjudging that the plaintiff "is not at the present time entitled to a judgment against the defendants," and (2) in ordering "that this action be not dismissed and that it be continued for the purpose of enabling the plaintiff to file" certain motions in the cause, if it be so advised. Goldston Brothers v. Newkirk, supra, 233...

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