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MORTON v. THORNTON

No. 595.

131 S.E.2d 378 (1963)

259 N.C. 697

Clarence L. MORTON, Jr., Charles A. Diggs, and Carroll D. Oglesby, as Joint Assignees, v. Eugene P. THORNTON and Elizabeth P. Thornton, Partners, Trading as Thornton Sales Service.

Supreme Court of North Carolina.

June 14, 1963.

Attorney(s) appearing for the Case

Sapp & Sapp by Armistead W. Sapp, Greensboro, for plaintiff-appellees.

York, Boyd & Flynn by C. T. Boyd, Greensboro, for defendants-appellants.

RODMAN, Justice.

This action was begun by plaintiffs "jointly and as assignees" to recover unpaid commissions owing to each of fifteen of defendants' salesmen. The asserted unpaid balance owing the several salesmen varies from $24.55 claimed to be due C. Fraiser Whatley to $3,077.91 claimed to be due plaintiff Morton. The aggregate of the claims is $10,107.43.

We were called upon at the Spring Term 1962 by defendants' demurrer to determine whether there was...

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