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QUADRO STATIONS, INC. v. GILLEY

No. 7021SC5.

172 S.E.2d 237 (1970)

7 N.C. App. 237

QUADRO STATIONS, INC. and Atlantic Richfield Company v. James R. GILLEY and wife, Sylvania M. Gilley, Wesley Bailey, Trustee, and the Northwestern Bank.

Court of Appeals of North Carolina.

February 25, 1970.

Attorney(s) appearing for the Case

Hatfield, Allman & Hall, by C. Edwin Allman and William C. Myers, Winston-Salem, for plaintiff appellees.

Wesley, Bailey & White, Crumpler & Pfefferkorn, by William G. Pfefferkorn, Winston-Salem, for defendant appellants.

GRAHAM, Judge.

Defendants admit the sale and advertising of petroleum products on the lot in question but contend: (1) the restrictive covenant agreement is illegal and unenforceable as an agreement in restraint of trade such as prohibited by the statutes on monopolies and trusts, codified as Chapter 75 of the General Statutes and in particular G.S. § 75-5(b) (6); (2) the agreement cannot be enforced against defendants because they were not parties to it; (3...

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