1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 129 S.E.2d
  5. 129 S.E.2d 97 (1963)
 

PEELE v. HARTSELL

No. 467.

129 S.E.2d 97 (1963)

258 N.C. 680

Ethel Lee PEELE, Leon Smith and wife, Lois G. Smith, by her Next Friend, George L. Cause, v. L. E. HARTSELL, t/a Hartsell Motor Company.

Supreme Court of North Carolina.

February 1, 1963.

Attorney(s) appearing for the Case

Pittman, Pittman & Pittman, Rockingham, for plaintiffs-appellants.

Webb & Lee by Charles Sedberry, Rockingham, for defendant-appellee.

SHARP, Justice.

Plaintiffs have misconstrued the nature of the cause of action which they have stated. It is not in contract but in tort. Pinnix v. Toomey, 242 N.C. 358, 362, 87 S.E.2d 893; 12 Am.Jur., Contracts, Section 458. Council v. Dickerson's, Inc., 233 N.C. 472, 64 S.E.2d 551.

The following observations of the Oklahoma...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases