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HARDBARGER v. DEAL

No. 314.

127 S.E.2d 771 (1962)

258 N.C. 31

Earnestine Goff HARDBARGER, Administratrix of the Estate of David Michael Goff, Deceased v. Harlan M. DEAL and Mrs. J. R. McNairy, t/a McNairy's Drug Store; the Rexall Company; the Rexall Drug and Chemical Company and the Rexall Drug Company.

Supreme Court of North Carolina.

October 31, 1962.

Attorney(s) appearing for the Case

Ted G. West and W. C. Palmer, Lenoir, for plaintiff appellant.

Fate J. Beal, Lenoir, for defendants Harlan M. Deal and Mrs. J. R. McNairy, t/a McNairy's Drug Store, appellees.

Townsend & Todd, Lenoir, Helms, Mulliss, McMillan & Johnston and E. Osborne Ayscue, Jr., Charlotte, for defendants Rexall, appellees.

BOBBITT, Justice.

The sole question is whether upon the facts set forth in the judgment, plaintiff's action is barred by the statute of limitations.

The two-year statute of limitations applies to plaintiff's alleged cause of action. G.S. (Vol. 1A) § 1-53(4); G.S. (Vol. 2A) § 28-173, as amended by Ch. 246, Session Laws of 1951; McCrater v. Stone & Webster Engineering Corp., 248 N.C. 707, 708, 104...

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