AUTRY v. JONES

No. 699.

155 S.E.2d 151 (1967)

270 N.C. 705

James F. AUTRY v. Dorothy W. JONES and Powell M. Jones, Original Defendants, and Harry C. Boahn, Jr., Additional Defendant.

Supreme Court of North Carolina.

June 20, 1967.


Attorney(s) appearing for the Case

Defendant Harry C. Boahn, Jr., excepted and appealed.

Quillin, Russ, Worth & McLeod, Fayetteville, for additional defendant appellant.

Nance, Barrington, Collier & Singleton, Fayetteville, for original defendant appellees.


BOBBITT, Justice.

Appellant contends the execution by Harry C. Boahn, Sr., of the "Covenant" and payment therefor by defendants Jones constitutes a mutual release as between these parties; and that the release of Harry C. Boahn, Sr., inured to the benefit of and released Harry C. Boahn, Jr.

Appellant, citing and stressing Simpson v. Plyler, 258 N.C. 390, 128 S.E.2d 843, contends the...

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