RAWLEIGH, MOSES & CO. v. CAPITAL CITY FURNITURE, INC.

No. 7025SC590.

177 S.E.2d 332 (1970)

9 N.C. App. 640

RAWLEIGH, MOSES & CO., Inc. v. CAPITAL CITY FURNITURE, INC., Richard H. Roos, Paul B. Smyre, David J. Noles, John Shook, and Theodore Miller.

Court of Appeals of North Carolina.

November 18, 1970.


Attorney(s) appearing for the Case

J. Carroll Abernethy, Jr., Hickory, for plaintiff appellant.

Williams, Pannell & Matthews by Martin C. Pannell, Newton, for defendants appellees.


BRITT, Judge.

Appellee has moved in this court that the appeal be dismissed as being premature, contending that the order of Judge McLean is interlocutory rather than final. Assuming without deciding that appellee's contention is correct, we deem the questions raised sufficiently meritorious to be considered by us at this time, therefore, we treat the purported appeal as a petition for certiorari, allow the petition, and proceed to pass upon the questions presented...

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