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SELL v. HOTCHKISS

Nos. 527-529.

141 S.E.2d 259 (1965)

264 N.C. 185

Barbara SELL, by her Next Friend, William A. Bason, v. Arlo M. HOTCHKISS. Margaret M. COLLER v. Arlo M. HOTCHKISS. Marguerite M. HOTCHKISS v. Arlo M. HOTCHKISS.

Supreme Court of North Carolina.

April 7, 1965.

Attorney(s) appearing for the Case

Yarborough, Blanchard & Tucker, Raleigh, for plaintiff appellees.

Lake, Boyce & Lake, Raleigh, for defendant appellant.

SHARP, Justice.

The essential terms of the covenant not to sue are these:

"(T)he undersigned * * * does hereby covenant and agree to forever refrain from instituting, prosecuting or in any way aiding any claim or suit against Frank Sylvester Hinkley * * * and all agents, successors, and assigns thereof, and all other persons, firms and corporations for whose acts or to whom they or any of them might be liable * * * for or on account of injuries or damages...

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