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FARMERS COOPERATIVE EXCHANGE, INC. v. SCOTT

No. 314.

132 S.E.2d 161 (1963)

260 N.C. 81

FARMERS COOPERATIVE EXCHANGE, INCORPORATED v. Raymond A. SCOTT, Doris C. Scott and Scott Poultry Company.

Supreme Court of North Carolina.

July 19, 1963.

Attorney(s) appearing for the Case

Braswell & Strickland by Roland C. Braswell, Goldsboro, for defendant appellants.

Dees, Dees, & Smith by William L. Powell, Jr., Goldsboro, for plaintiff appellee.

PARKER, Justice.

Defendants assign as error the order of compulsory reference. Defendants state in their brief:

"It is the defendants' position in this matter that the compulsory reference could not be ordered by the court of its own motion until such time as the plea in bar of accord and satisfaction had been ruled upon. In this case, the defendants point out that there were two distinct controversies, one as to the right of the plaintiff to recover of the...

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