WETHERINGTON v. WHITFORD MOTOR CO.

No. 306.

81 S.E.2d 267 (1954)

240 N.C. 90

WETHERINGTON et al. v. WHITFORD MOTOR CO., Inc.

Supreme Court of North Carolina.

April 7, 1954.


Attorney(s) appearing for the Case

W. B. R. Guion, New Bern, for plaintiffs-appellants.

Ward & Tucker, New Bern, for defendant-appellee.


BARNHILL, Chief Justice.

It clearly appears from the allegations contained in the complaint that the individual plaintiffs, in respect to the subject matter of this action, were acting in a representative capacity as agents or officers of their respective corporations. As to them, no cause of action is stated, and they pray no relief. That their names appear in the caption as plaintiffs does not affect the question posed for decision. Hayes v. City of Wilmington,...

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