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TENNESSEE CAROLINA TRANSP., INC. v. STRICK CORP.

No. 7226SC672.

192 S.E.2d 702 (1972)

16 N.C. App. 498

TENNESSEE CAROLINA TRANSPORTATION, INC. v. STRICK CORPORATION.

Court of Appeals of North Carolina.

November 22, 1972.

Attorney(s) appearing for the Case

Wallace S. Osborne, and Waggoner, Hasty & Kratt by William J. Waggoner, Charlotte, for plaintiff appellee.

Welling & Miller by George J. Miller and Charles M. Welling, Charlotte, and Womble, Carlyle, Sandridge & Rice, by W. P. Sandridge, Sr., Winston-Salem, for defendant appellant.

MALLARD, Chief Judge.

Plaintiff executed six separate instruments during the period of 30 August 1967 to 31 October 1967. Each of these instruments is denominated "Time Sale Contract and Security Agreement" and each describes twenty-five of the "New Strick Model 7420U33NSAOW 42 ft. closed top, tandem axle semitrailers" purchased by plaintiff from defendant. In each of these instruments there appears the following language:

"* * * This instrument contains...

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