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GENERAL AIR CONDITIONING COMPANY v. DOUGLASS

No. 450.

84 S.E.2d 828 (1954)

241 N.C. 170

GENERAL AIR CONDITIONING COMPANY, Inc. v. Charles B. DOUGLASS and wife, Olive J. Douglass; Douglas A. Johnson and wife, Lottie M. Johnson; Durham Bank & Trust Company, Trustee, and Home Security Life Insurance Company.

Supreme Court of North Carolina.

November 24, 1954.

Attorney(s) appearing for the Case

Bunn & Bunn, Raleigh, for plaintiff-appellant.

Howard E. Manning and Charles L. Fulton, Raleigh, for defendant Olive J. Douglass, appellee.

Poyner, Geraghty & Hartsfield and James R. Trotter, Raleigh, for defendants Douglas A. Johnson, Lottie M. Johnson, Durham Bank & Trust Co., trustee, and Home Security Life Insurance Co., appellees.

PARKER, Justice.

Plaintiff alleged in its complaint that "Charles B. Douglass acting for himself and as agent for his wife, Olive J. Douglass, entered into an entire and indivisible contract with plaintiff" to install a warm air type heating system complete in a house on the lot described in the complaint. The plaintiff contends such an agency can be implied from the facts in evidence.

All the defendants in their answers denied that Charles B. Douglass acted...

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