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GENERAL TIRE & RUBBER COMPANY v. DISTRIBUTORS, INC.

No. 235.

111 S.E.2d 614 (1959)

251 N.C. 406

GENERAL TIRE & RUBBER COMPANY, a Corporation, v. DISTRIBUTORS, INC., a Corporation.

Supreme Court of North Carolina.

December 16, 1959.

Attorney(s) appearing for the Case

Orr, Osborne & Hubbard, Charlotte, for plaintiff, appellee.

Ralph C. Clontz, Jr., Charlotte, for defendant, appellant.

BOBBITT, Justice.

The demurrer does not challenge defendant's counterclaim on the ground that it fails to state facts sufficient to constitute a cause of action against plaintiff. Nor does it challenge defendant's counterclaim on the ground that it united, but did not separately state, two causes of action. G.S. § 1-123; Heath v. Kirkman, 240 N.C. 303, 306, 82 S.E.2d 104. The phrase "misjoinder...

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