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PEASELEY v. VIRGINIA IRON, COAL AND COKE COMPANY

No. 7126SC481.

182 S.E.2d 810 (1971)

12 N.C. App. 226

Mrs. Robert H. PEASELEY, Executrix of the Will of Robert H. Peaseley, Deceased v. VIRGINIA IRON, COAL AND COKE COMPANY, a Corporation.

Court of Appeals of North Carolina.

Certiorari Denied October 5, 1971.

Attorney(s) appearing for the Case

Blakeney, Alexander & Machen, by Whiteford S. Blakeney, Charlotte, for plaintiff appellee.

Helms, Mulliss & Johnston, by Fred B. Helms and E. Osborne Ayscue, Jr., Charlotte, for defendant appellant.

Certiorari Denied by Supreme Court October 5, 1971.

MALLARD, Chief Judge.

In support of her motion for summary judgment, plaintiff offered in evidence, among other things, two contracts which defendant admitted having executed. The first contract (commission contract) was in the form of a letter written on behalf of defendant to Peaseley on 30 August 1960, and accepted by Peaseley on 6 September 1960. The letter provides in pertinent part:

"Beginning...

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