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  5. 151 S.E.2d 69 (1966)
 

EVANS v. STAR GMC SALES AND SERVICE, INC.

No. 535.

151 S.E.2d 69 (1966)

268 N.C. 544

Ervin L. EVANS v. STAR GMC SALES AND SERVICE, INC., and Yellow Motors Credit Corporation.

Supreme Court of North Carolina.

November 23, 1966.

Attorney(s) appearing for the Case

Davis & Brown, Allen W. Brown, Bailey, Dixon & Wooten, Raleigh, for plaintiff appellant.

Maupin, Taylor & Ellis and Frank W. Bullock, Jr., Raleigh, for defendant appellee, GMC Sales & Service, Inc.

Young, Moore & Henderson, Raleigh, for defendant appellee, Yellow Motors Credit Corp.

PLESS, Justice.

Upon the demurrer of the defendants it is by operation of law admitted that Yellow Motors was the holder in due course of a conditional sales contract from plaintiff to Star, and that the plaintiff was some $1,800 in arrears, having made no monthly payment on the principal for several months. The plaintiff makes no claim that Yellow Motors warranted the truck-tractor and under the provisions of the assigned contract Yellow Motors was authorized to...

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