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SHOPE v. BOYER

No. 294.

150 S.E.2d 771 (1966)

268 N.C. 401

W. B. SHOPE v. E. E. BOYER et al.

Supreme Court of North Carolina.

November 2, 1966.

Attorney(s) appearing for the Case

Warren C. Stack, James L. Cole, Charlotte, for plaintiff appellant.

Helms, Mulliss, McMillan & Johnston, by Fred B. Helms, Charlotte, for defendant appellees.

HIGGINS, Justice.

The demurrer challenges the complaint as fatally defective in factual averments. These defects appear upon its face. Attached to and made a part of plaintiff's basic pleading is a copy of the contract between A. P. Central as seller, and each corporate defendant as customer. The plaintiff alleges the defendants conspired to violate the attached contract. The contract provides:

"WHEREAS, Customer desires from time to time to purchase...

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