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APEX TIRE AND RUBBER CO. v. MERRITT TIRE CO.

No. 288.

153 S.E.2d 737 (1967)

270 N.C. 50

APEX TIRE AND RUBBER COMPANY, a corporation v. MERRITT TIRE COMPANY, Incorporated, a corporation, J. H. Merritt and wife, Jane N. Merritt, and J. P. Pugh and wife, Sue W. Pugh.

Supreme Court of North Carolina.

April 12, 1967.

Attorney(s) appearing for the Case

Clayton, Lane & Helms, by H. Parks Helms, Charlotte, for plaintiff appellant.

Ruff, Perry, Bond, Cobb & Wade, by Wm. H. McNair, Charlotte, for defendant appellees.

HIGGINS, Justice.

The plaintiff, as ground for a new trial, places its reliance on two assignments of error: (1) (a) Without finding them qualified as experts, the Court permitted the defendant's witnesses Pugh and Alvy to testify that the defects in the recapping resulted from the separation of the gum cushion from the tread stock and not from a separation of the gum cushion from the carcass; and (b) the Court's failure to find the plaintiff's witness Bolt to be...

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