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POTTER v. FROSTY MORN MEATS

No. 377.

86 S.E.2d 780 (1955)

242 N.C. 67

Norma POTTER v. FROSTY MORN MEATS, Inc., Luther Cobb, J. L. Goldman, and Elbert Potter.

Supreme Court of North Carolina.

April 13, 1955.

Attorney(s) appearing for the Case

Whitaker & Jeffress, Kinston, for defendant appellant.

White & Aycock, Kinston, for defendant appellees.

DEVIN, Justice.

We note that the record on appeal in this case contains the stipulation that "the only question presented in this appeal is the sufficiency of the defendant appellant Elbert Potter's alleged cross-action, as contained in his answer." Hence we will confine our consideration to the facts alleged in defendant Elbert Potter's cross complaint as the basis for subjecting the appellees to contingent liability for...

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