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CRAVEN v. DIMMETTE

No. 6925DC273.

169 S.E.2d 129 (1969)

5 N.C. App. 617

Daniel J. CRAVEN v. Joel DIMMETTE, Luther Oehlbeck, Robert L. Rogers, d/b/a the Sports Center.

Court of Appeals of North Carolina.

August 13, 1969.

Attorney(s) appearing for the Case

Ted S. Douglas, Lenoir, for plaintiff appellant.

Townsend & Todd, by J. R. Todd, Jr., Lenoir, for defendants appellees.

MALLARD, Chief Judge.

The parties are not in agreement as to whether plaintiff alleged a cause of action for fraud, or for breach of warranty. A cause of action consists of the facts alleged. Wyatt v. North Carolina Equipment Co., 253 N.C. 355, 117 S.E.2d 21 (1960).

In his amended complaint, plaintiff alleges:

"III. That on or about the 10th day of August, 1966, the plaintiff purchased...

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