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JONES v. GEORGIA-PACIFIC CORPORATION

No. 726SC479.

190 S.E.2d 422 (1972)

15 N.C. App. 515

J. Meredith JONES and wife, Elvira Young Cheatham Jones v. GEORGIA-PACIFIC CORPORATION, Defendant, Federal Land Bank of Columbia, et al., Additional Defendants.

Court of Appeals of North Carolina.

August 2, 1972.

Attorney(s) appearing for the Case

Yarborough, Blanchard, Tucker & Denson, by James E. Cline, Raleigh, for plaintiff appellants.

Pritchett, Cooke & Burch, by J. A. Pritchett, Windsor, and White, Hall & Mullen, by Gerald F. White, and John H. Hall, Jr., Elizabeth City, for defendant appellee.

BRITT, Judge.

Plaintiffs contend the trial court erred in dismissing Count II of the amended complaint. We hold that Count II except for paragraph eight was properly pleaded and should not have been dismissed.

In McIntosh North Carolina Practice and Procedure, 2d Ed., § 1134, we find:

At common law there were different forms of action ex delicto, and the plaintiff might in certain cases have a choice...

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