COMMERCIAL FINANCE CO. v. HOLDER

No. 740.

68 S.E.2d 794 (1952)

235 N.C. 96

COMMERCIAL FINANCE CO. v. HOLDER.

Supreme Court of North Carolina.

February 1, 1952.


Attorney(s) appearing for the Case

William S. Mitchell, Winston-Salem, for plaintiff appellant.

Elledge, Johnson & Browder, Winston-Salem, for defendant appellee.


WINBORNE, Justice.

The assignments of error presented on this appeal are based upon exceptions to the rulings of the trial court in respect to the demurrer filed by plaintiff, and appear to be well taken. G.S. § 1-137 (1) and (2). See also Hancammon v. Carr, 229 N.C. 52, 47 S.E.2d 614; Smith v. Gibbons, 230 N.C. 600, 54 S.E.2d 924.

The answer of a defendant must contain a statement of any new matter constituting a defense or counterclaim * * * etc. G...

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