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HARDY & NEWSOME, INC. v. WHEDBEE

No. 314.

94 S.E.2d 837 (1956)

244 N.C. 682

HARDY & NEWSOME, Inc., a corporation, v. E. D. WHEDBEE, W. E. Ballance and Colony Pine Company, a corporation, and R. C. Bennett, individually, and R. C. Bennett, Trustee for James Bennett and Gunter Bennett, minors, purportedly partners trading as R. C. Bennett Box Company.

Supreme Court of North Carolina.

October 31, 1956.

Attorney(s) appearing for the Case

Whitaker & Jefifress and John G. Dawson, Kinston, for plaintiff appellees.

Jones, Jones & Jones, Ahoskie, and Jones, Reid & Griffin, Kinston, for defendant appellants.

RODMAN, Justice.

Appellant assigns as error: (1) that the court did not allow the motion to dismiss the action as to R. C. Bennett Box Company; (2) failure to nonsuit as to R. C. Bennett and R. C. Bennett, trustee.

The complaint alleges in section 5 that W. E. Ballance "was employed by the defendants E. D. Whedbee and Colony Pine Company, Inc., and by R. C. Bennett, individually, and as trustee for James Bennett and Gunter Bennett, minors, purportedly a partnership...

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