MILLERS MUT. INS. ASS'N OF ILLINOIS v. ATKINSON MOTORS

No. 533.

81 S.E.2d 416 (1954)

240 N.C. 183

MILLERS MUT. INS. ASS'N OF ILLINOIS et al. v. ATKINSON MOTORS, Inc.

Supreme Court of North Carolina.

April 28, 1954.


Attorney(s) appearing for the Case

William H. Booe, Charlotte, for plaintiffs, appellants.

Pierce & Blakeney, R. E. Wardlow and C. W. Bundy, Charlotte, for defendant, appellee.


BOBBITT, Justice.

The testimony of Connelly tends to show that when he delivered his car to defendant for the general 500 mile check-up, he called attention to a number of specific items, e. g., the cigarette lighter was out, the radio had a hum in it, etc.; also, that defendant was to make such repairs as part of the consideration for the purchase price paid by him.

Under these circumstances, the defendant's possession and control was that of bailee, under...

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