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GILLISPIE v. GOODYEAR SERVICE STORES

No. 743.

128 S.E.2d 762 (1963)

258 N.C. 487

Hilda Calahan GILLISPIE v. GOODYEAR SERVICE STORES, a Division of the Goodyear Tire & Rubber Company, and the Goodyear Tire & Rubber Company, a Corporation, and O. J. Hartsell, Robert E. Harden, Melvin Wrenn, and Arthur Jones.

Supreme Court of North Carolina.

January 11, 1963.

Attorney(s) appearing for the Case

Robert S. Cahoon, Greensboro, for plaintiff appellant.

McLendon, Brim, Holderness & Brooks, Greensboro, for defendant appellees Goodyear Service Stores, Goodyear Tire & Rubber Company and O. J. Hartsell.

Allen & Allen, Burlington, for defendant appellees Robert E. Harden and Melvin Wrenn.

Spencer B. Ennis, Long, Ridge, Harris & Walker and Herbert F. Pierce, Graham, for defendant appellee Arthur Jones.

BOBBITT, Justice.

Where there is a misjoinder of parties and causes of action, a judgment sustaining a demurrer to the complaint on that ground necessitates a dismissal of the action. Tart v. Byrne, 243 N.C. 409, 90 S.E.2d 692; Snotherly v. Jenrette, 232 N.C. 605, 61 S.E.2d 708, and cases cited.

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