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AMERICAN AIR FILTER COMPANY v. ROBB

No. 684.

148 S.E.2d 580 (1966)

267 N.C. 583

AMERICAN AIR FILTER COMPANY, Inc., Plaintiff, v. George ROBB, trading as Robb Plumbing and Heating Company, Original Defendant, and Richard K. Hunter, trading as Richard K. Hunter and Company Additional Defendant.

Supreme Court of North Carolina.

June 16, 1966.

Attorney(s) appearing for the Case

Schoch, Schoch & Schoch, by Arch K. Schoch, Jr., High Point, for original defendant appellant.

McLendon, Brim, Holderness & Brooks, by Hubert Humphrey, Greensboro, for Richard K. Hunter & Company, additional defendant appellee.

SHARP, Justice:

This case is presently in the pleading stage. On the facts as detailed by Robb's "cross complaint"—which we take as true in passing upon Hunter's demurrer—defendant is entitled to a recoupment in some amount on the contract price of the equipment which he contracted to buy from Hunter and which plaintiff, upon Hunter's order, furnished defendant. Plaintiff alleges the amount is "inconsequential"; Robb avers it is $9,005.31. Whatever the...

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