JONES v. DOUGLAS AIRCRAFT COMPANY

No. 242.

117 S.E.2d 496 (1960)

253 N.C. 482

Roy L. JONES, Administrator of the Estate of Marvin Comer Jones, Deceased, v. DOUGLAS AIRCRAFT COMPANY, Inc., Original Defendant, and Boyd & Goforth, Inc., Additional Defendant.

Supreme Court of North Carolina.

December 14, 1960.


Attorney(s) appearing for the Case

Carpenter & Webb and John G. Golding, Charlotte, for original defendant Douglas Aircraft Co., Inc., appellant.

Helms, Mulliss, McMillan & Johnston, Charlotte, for additional defendant Boyd & Goforth, Inc., appellee.


BOBBITT, Justice.

The question for decision, whether the cross complaint alleges facts sufficient to entitle Douglas, if adjudged liable to plaintiff, to enforce contribution from Boyd & Goforth under G.S. § 1-240 as a joint tortfeasor, is to be determined solely on the basis of the pleadings. Evidence offered at the trial in March, 1959, as disclosed by the record on former appeal, is not relevant. Nor may we assume what allegations of the respective parties...

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