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APPLIANCE BUYERS CREDIT CORPORATION v. MASON

No. 109.

153 S.E.2d 3 (1967)

269 N.C. 567

APPLIANCE BUYERS CREDIT CORPORATION v. Joseph Herbert MASON, George D. Lewis and Rosalie S. Lewis.

Supreme Court of North Carolina.

March 1, 1967.

Attorney(s) appearing for the Case

Otho L. Graham, Jr., and Harvey Hamilton, Jr., Morehead City, for plaintiff.

Wheatly & Bennett, Beaufort, for defendants.

SHARP, Justice.

Defendants' motion for nonsuit was based upon the premise that a deficiency judgment under G.S. § 45-21.38 cannot be predicated upon a private sale even though the conditional sales contract under which the mortgaged personalty was sold provided for such a sale. This proposition was decided adversely to defendants' contention in Associates Financial Services Corporation v. Welborn, N.C., 153 S.E.2d 7, where...

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