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RADIO ELECTRONICS CO. v. RADIO CORP. OF AMERICA

No. 386.

92 S.E.2d 664 (1956)

244 N.C. 114

RADIO ELECTRONICS COMPANY v. RADIO CORPORATION OF AMERICA.

Supreme Court of North Carolina.

May 9, 1956.

Attorney(s) appearing for the Case

Spry, White & Hamrick, Winston-Salem, for plaintiff, appellant.

Deal, Hutchins & Minor, Winston-Salem, for defendant, appellee.

BOBBITT, Justice.

If the contract is illegal, either at common law or by reason of statutory provisions relating to monopolies and trusts, G.S. § 75-1 et seq., plaintiff cannot recover damages for the breach thereof. Florsheim Shoe Co. v. Leader Department Store, 212 N.C. 75, 193 S.E. 9; Standard Fashion Co. v. Grant, 165 N.C. 453, 81 S.E. 606. In the cited cases, the contract, in direct violation of G.S. § 75-5(2), prohibited the merchant from selling competitive...

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