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SKINNER v. EMPRESA TRANSFORMADORA DE PRODUCTOS AG.

No. 20.

113 S.E.2d 717 (1960)

252 N.C. 320

W. I. SKINNER v. EMPRESA TRANSFORMADORA DE PRODUCTOS AGROPECUARIOS, S. A., Defendant, and W. I. Skinner and Company, Inc., Garnishee.

Supreme Court of North Carolina.

April 6, 1960.

Attorney(s) appearing for the Case

John H. Hall, Gerald F. White, Elizabeth City, for defendant, appellant.

Battle, Winslow, Merrell, Scott & Wiley, by Francis E. Winslow, Robert M. Wiley, Rocky Mount, for plaintiff, appellee.

HIGGINS, Justice.

At the threshold of this case we are confronted with the question of law whether, in his complaint, the plaintiff, W. I. Skinner, has alleged a cause of action against Transformadora. It is fundamental that the real party in interest must prosecute the action. G.S. § 1-57; State ex rel. East Lenoir Sanitary District v. City of Lenoir, 249 N.C. 96, 105...

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