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COOPER v. MASON

No. 7230DC90.

188 S.E.2d 653 (1972)

14 N.C. App. 472

Doyle P. COOPER v. C. C. MASON, d/b/a C. C. Mason Chrysler Plymouth and Plymouth Division, Chrysler Motors Corporation.

Court of Appeals of North Carolina.

May 24, 1972.

Attorney(s) appearing for the Case

Stedman Hines, Bryson City, for plaintiff appellee.

Jones, Jones & Key by R. S. Jones, Jr., Franklin, for defendant appellant Mason.

Hudson, Petree, Stockton, Stockton & Robinson by James H. Kelly and J. Robert Elster, Winston-Salem, for defendant appellant Chrysler Motors Corp.

BRITT, Judge.

Did the court err in entering judgment in favor of plaintiff? We hold that it did.

First, we discuss plaintiff's theory of rescission of contract. Clearly, plaintiff was not entitled to recover of defendant Chrysler on this theory because there was no privity of contract between plaintiff and defendant Chrysler. Nor do we think plaintiff was entitled to recover of defendant Mason on this theory.

G.S. § 25-2-608(2) provides: "Revocation...

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