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WELCOME WAGON INTERNATIONAL, INC. v. PENDER

No. 599.

120 S.E.2d 739 (1961)

255 N.C. 244

WELCOME WAGON INTERNATIONAL, INC. v. Evelyn L. PENDER.

Supreme Court of North Carolina.

July 7, 1961.

Attorney(s) appearing for the Case

Egbert L. Haywood, Emery B. Denny, Jr., of Haywood & Denny, Chapel Hill, for plaintiff, appellant, Walter P. Armstrong, Jr., Memphis, Tenn., of counsel.

Tally, Tally, Taylor & Strickland, by Nelson W. Taylor and Jesse M. Henley, Jr., Fayetteville, for defendant, appellee.

HIGGINS, Justice.

In passing on the demurrer this Court must accept as true the facts alleged. Hence, for purposes of the present hearing these facts are deemed established: (1) The parties entered into a written contract. (2) The mutual covenants furnished valuable consideration for it. (3) The defendant observed the terms of the contract for more than eight years during which the plaintiff received more than $55,000. (Whether this amount is the total, or the share...

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