PERRY v. DOUB

No. 450.

77 S.E.2d 711 (1953)

238 N.C. 233

PERRY et al. v. DOUB et al.

Supreme Court of North Carolina.

September 23, 1953.


Attorney(s) appearing for the Case

Samuel Pretlow Winborne and Vaughan S. Winborne, Raleigh, for plaintiffs, appellants.

Mordecai & Mills, Raleigh, for defendant, appellee.


JOHNSON, J.

G.S. § 1-123 provides in part: "The plaintiff may unite in the same complaint several causes of action, of legal or equitable nature, or both, where they all arise out of— * * *. 2. Contract, express or implied."

Here all five causes of action declared on in the complaint arise out of contract. The first two are for the recovery, by way of recoupment as against the defendant Robertson, for moneys alleged to have been wrongfully withheld...

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