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GAITHER CORPORATION v. SKINNER

No. 27.

77 S.E.2d 659 (1953)

238 N.C. 254

GAITHER CORPORATION v. SKINNER et al.

Supreme Court of North Carolina.

September 23, 1953.

Attorney(s) appearing for the Case

Barden, Stith & McCotter, New Bern, and John H. Hall, Elizabeth City, for defendant, appellant.

LeRoy & Goodwin, Elizabeth City, for C. R. Hopkins, appellee.

Worth & Horner, Elizabeth City, for plaintiff.

DEVIN, Chief Justice.

We concur with the view of the court below that C. R. Hopkins is not a necessary party to the action which the Gaither Corporation has instituted against defendant Skinner for damages for faulty and defective material used by him in the construction of plaintiff's building in breach of the terms of the contract entered into between plaintiff and Skinner. We think the action of the court in dismissing Hopkins from the action should not be held...

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