ASSOCIATES FINANCIAL SERVICES CORP. v. WELBORN

No. 442.

153 S.E.2d 7 (1967)

269 N.C. 563

ASSOCIATES FINANCIAL SERVICES CORPORATION v. Earl WELBORN, t/a Hillside Poultry Farm.

Supreme Court of North Carolina.

March 1, 1967.


Attorney(s) appearing for the Case

Fairley, Hamrick, Hamilton & Monteith, by Laurence A. Cobb, Charlotte, for plaintiff.

McElwee & Hall, North Wilkesboro, for defendant.


SHARP, Justice:

In order to recover a deficiency judgment under a conditional sales contract as authorized by G.S. § 45-21.38, plaintiff must allege and prove facts showing (1) that defendant executed and delivered to him or his assignor the contract upon which he sues; (2) that defendant is in default under the terms of the contract; (3) lawful repossession and sale of the property or facts establishing the impossibility...

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