BULLARD v. BERRY COAL & OIL COMPANY

No. 602.

119 S.E.2d 910 (1961)

254 N.C. 756

Cecil G. BULLARD, Plaintiff, v. BERRY COAL & OIL COMPANY, a Corporation, Defendant.

Supreme Court of North Carolina.

May 24, 1961.


Attorney(s) appearing for the Case

H. L. Koontz and Shuping & Shuping, Greensboro, for plaintiff, appellee.

Sapp & Sapp, Greensboro, for defendant Berry Coal & Oil Co., appellant.

Jordan, Wright, Henson & Nichols, Greensboro, for additional defendant Franklin Life Ins. Co., appellee.


BOBBITT, Justice.

The sole ground of objection asserted in Franklin's demurrer is that the Oil Company may not assert herein its alleged cause of action against Franklin but must do so in a separate action.

Ordinarily, in respect of causes of action defined in G.S. § 1-137 as permissible counterclaims, a defendant may plead his cause of action as a counterclaim in plaintiff's action or institute a separate action thereon. But where the issues raised...

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