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PEED v. BURLESON'S INC.

No. 29.

94 S.E.2d 351 (1956)

244 N.C. 437

Russell L. PEED and J. M. Booth v. BURLESON'S, Inc., E. C. Burleson, Charles R. Pinkston and Richard A. Brown.

Supreme Court of North Carolina.

September 19, 1956.

Attorney(s) appearing for the Case

John A. Wilkinson, Washington, N. C., for plaintiffs-appellants.

Rodman & Rodman, Washington, N. C., J. W. Haynes and Zebulon Weaver, Jr., Asheville, for defendants-appellees.

BOBBITT, Justice.

Evidence was offered tending to show these facts:

1. On Friday, 2 July, 1954, at Aurora, North Carolina, plaintiff Peed, the owner of 320 bags of Irish potatoes, U.S. No. 1, size A, Sebago variety, arranged with plaintiff Booth, a truck broker, for the transportation thereof to Licek Potato Chip Company of Decatur, Illinois. Peed agreed to pay Booth for such transportation $1.25 per bag, plus 3% transportation tax. Booth agreed to deliver...

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