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PARK TERRACE v. PHOENIX INDEMNITY COMPANY

No. 381.

91 S.E.2d 584 (1956)

243 N.C. 595

PARK TERRACE, Inc. v. PHOENIX INDEMNITY COMPANY (Original Defendant) and Park Builders, Inc. (Additional Defendant).

Supreme Court of North Carolina.

February 29, 1956.

Attorney(s) appearing for the Case

Spry, White & Hamrick and Dallace McLennan, Winston-Salem, for respondent.

Brooks, McLendon, Brim & Holderness, Greensboro, for Phoenix Indemnity Co.

Womble, Carlyle, Sandridge & Rice, Winston-Salem, and Broaddus, Epperly & Broaddus, Martinsville, Va., for Park Builders, Inc.

BARNHILL, Chief Justice.

When considered literally, the motion made was a motion to make McLean a party defendant so that the original defendants could plead the covenant contained in his contract executed contemporaneously with, and as a part of the consideration for, the purchase by McLean of the common stock of plaintiff corporation. However, broadly speaking, the motion seeks to have McLean made a party to the action so that the original defendants may plead his...

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