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HORTON v. HUMBLE OIL & REFINING COMPANY

No. 314.

122 S.E.2d 716 (1961)

255 N.C. 675

Lester R. HORTON v. HUMBLE OIL & REFINING COMPANY, Jesse A. Kiser and G. G. Atkins.

Supreme Court of North Carolina.

November 22, 1961.

Attorney(s) appearing for the Case

Jones, Reed & Griffin, Kinston, for plaintiff appellant.

Whitaker & Jeffress, Kinston, Lassiter, Moore & Van Allen, John T. Allred, Charlotte, for defendant appellee.

WINBORNE, Chief Justice.

The pivotal question presented on this appeal is this: Is there sufficient evidence, when viewed in the light most favorable to plaintiff, to establish the existence of a contract between plaintiff and the defendant Oil Company? The answer is No.

In Williamson v. Miller, 231 N.C. 722, 58 S.E.2d 743, 747, this Court said: "`To be binding, the terms of a contract must...

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