THURSTON MOTOR LINES, INC. v. GENERAL MOTORS CORP.

No. 463.

128 S.E.2d 413 (1962)

258 N.C. 323

THURSTON MOTOR LINES, INC. v. GENERAL MOTORS CORPORATION and Payne Truck Sales, Inc.

Supreme Court of North Carolina.

December 12, 1962.


Attorney(s) appearing for the Case

Teague, Johnson & Patterson and Ronald C. Dilthey, Raleigh, for plaintiff-appellant.

Smith, Leach, Anderson & Dorsett, Raleigh, for defendant-appellee General Motors Corp.

Morgan, Byerly, Post & Van Anda and S. Perry Keziah, High Point, for defendant-appellee Payne Truck Sales, Inc.


BOBBITT, Justice.

The question is whether defendants are entitled to judgment on the pleadings on the ground plaintiff's action, if any, is barred by the three-year statute of limitations.

While plaintiff alleges its damages were caused "as a direct and proximate result of the aforesaid negligence on the part of both defendants," it is noted plaintiff alleged that both defendants, at the time plaintiff purchased the truck-tractor, "assured plaintiff that said...

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