NICHOLS v. C. J. MOSS REAL ESTATE, INC.

No. 7026DC602.

177 S.E.2d 750 (1970)

10 N.C. App. 66

Kermit B. NICHOLS d/b/a Marsh Kitchens of Charlotte v. C. J. MOSS REAL ESTATE, INC. and Concord-Kannapolis Savings and Loan Association.

Court of Appeals of North Carolina.

December 16, 1970.


Attorney(s) appearing for the Case

Bradley, DeLaney & Millette, by S. M. Millette, Charlotte, for plaintiff appellee.

Hartsell, Hartsell & Mills, by William L. Mills, Jr., and W. Erwin Spainhour, Concord, for defendant appellant, C. J. Moss Real Estate, Inc.


PARKER, Judge.

Plaintiff alleged an express contract with Moss under which he sold and delivered the cabinets to Moss. All of the evidence, however, shows that plaintiff had refused to sell to Moss and instead had sold the cabinets to H. and H. Supply Company, a sole proprietorship owned by one Gene Holbrooks had agreed that it could be billed (C. J. Moss, president of defendant) I didn't know him and I didn't have any way of selling him on approved credit. Mr. Holbrooks...

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