KRAMER BROTHERS, INC. v. McPHERSON

No. 739.

95 S.E.2d 889 (1957)

245 N.C. 354

KRAMER BROTHERS, Inc. v. O. R. McPHERSON, Individually and t/a Southern Electronics, and Ronnie Qualls, individually and t/a Ronnie's Hobby & Model Shop.

Supreme Court of North Carolina.

January 11, 1957.


Attorney(s) appearing for the Case

W. D. Madry, W. R. Dalton, Jr., Burlington, for plaintiff-appellant.

John D. Xanthos, Burlington, for defendant Qualls appellee.


WINBORNE, Chief Justice.

Does the evidence offered by plaintiff in the trial below, as set forth in the case on appeal, taken in the light most favorable to plaintiff, make a case for the jury for violation of the sale in bulk statute, G.S. § 39-23? In view of the language of the statute, and decided cases in this State, this Court is of opinion that the evidence does make out such a case, and so holds.

The statute, G.S. § 39-23, declares that the...

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