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OUTBOARD MARINE CORPORATION v. FUTRELL

No. 450.

147 S.E.2d 893 (1966)

267 N.C. 194

OUTBOARD MARINE CORPORATION v. Arnold FUTRELL, Benson S. Futrell, Jr., and Irene F. Mullinix, trading as Biscoe Distributing Company, a partnership, Biscoe Distributing Company, Inc., and Susie Futrell and Roby Futrell, Executors of B. S. Futrell.

Supreme Court of North Carolina.

May 4, 1966.

Attorney(s) appearing for the Case

Garland S. Garris, Troy, Stoner & Stoner and Walser, Brinkley, Walser & McGirt, Lexington, for plaintiff appellee.

DeLapp, Ward & Hedrick, Lexington, for defendant executors, appellants.

BOBBITT, Justice.

Appellants assign as error the portion of the court's judgment (paragraph "(3)") sustaining plaintiff's "demurrer and motion to strike" as to paragraph 3 of appellants' further answer.

Whether the court erred in overruling appellants' demurrer to the amended complaint is not presented. It is noted that plaintiff excepted to the portion of the court's judgment (paragraph "(2)") overruling plaintiff's "demurrer and motion to strike" as to paragraph...

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