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EVANS v. EVERETT

No. 706SC618.

179 S.E.2d 120 (1971)

10 N.C. App. 435

E. R. EVANS, Plaintiff, v. W. B. EVERETT, Early & Winborne, Inc., and Standard Brands, Inc., National Peanut Corporation, a division of Standard Brands, Original Defendants, and Shirley Pierce, Marion Odom and Lebron Morris, Owners of Farmers Tobacco Warehouse, and Farmers Cooperative Exchange, Additional Defendants.

Court of Appeals of North Carolina.

Certiorari Allowed April 6, 1971.

Attorney(s) appearing for the Case

Pritchett, Cooke & Burch by J. A. Pritchett, W. L. Cooke and S. R. Burch, Windsor, for plaintiff appellant.

White, Hall & Mullen by Gerald F. White, Elizabeth City, and Philip P. Godwin, Gatesville, for original defendant appellees Early & Winborne, Inc.

Revelle & Burleson by L. Frank Burleson, Jr., Murfreesboro, for original defendant appellees Standard Brands, Inc., and National Peanut Corp.

Jones, Jones & Jones by Carter W. Jones and L. Bennett Gram, Jr., Ahoskie, for additional defendant appellees.

Certiorari Allowed by Supreme Court April 6, 1971.

VAUGHN, Judge.

The only question requiring an answer in order to dispose of the appeal is whether the complaint discloses that plaintiff has an enforceable security interest in the crops sold by Everett. We hold that it does not and, therefore, the motion to dismiss for failure to state a claim upon which relief can be granted was properly allowed.

The law applicable to this case is found in the Uniform...

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