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SMITH BUILDERS SUPPLY v. DIXON

No. 170.

97 S.E.2d 767 (1957)

246 N.C. 136

SMITH BUILDERS SUPPLY, Inc. v. James D. DIXON.

Supreme Court of North Carolina.

May 1, 1957.

Attorney(s) appearing for the Case

Mintz, Tillery & Cobb, Wilmington, and Kirby Sullivan, Southport, for plaintiff, appellee.

Isaac C. Wright, Wilmington, for defendant, appellant.

BOBBITT, Justice.

Plaintiff was engaged in the business of selling building supplies, including lumber.

As to the first cause of action, defendant's admission established that $253.44 was the correct charge. Wells v. Clayton, 236 N.C. 102, 72 S.E.2d 16. Therefore, the burden was upon defendant to prove his affirmative defense of payment. White v...

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