THORMER v. LEXINGTON MAIL ORDER COMPANY

No. 674.

85 S.E.2d 140 (1954)

241 N.C. 249

Dan THORMER, T/A Don Thormer Advertising Art, v. LEXINGTON MAIL ORDER COMPANY.

Supreme Court of North Carolina.

December 15, 1954.


Attorney(s) appearing for the Case

Phillips & Bower, Lexington, for plaintiff, appellee.

DeLapp & Ward, Lexington, for defendant, appellant.


BOBBITT, Justice.

When the complaint and evidence are considered, it appears that the controversy posed by the first issue is whether the advertising matter prepared by plaintiff and furnished to defendant was in accordance with their agreement; and the core of this controversy is whether the agreement related solely to hand-drawn art illustrations rather than to retouched photographs.

If the advertising matter was in accordance with their agreement, in the...

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