PEASELEY v. VIRGINIA IRON, COAL AND COKE COMPANY

No. 89.

194 S.E.2d 133 (1973)

282 N.C. 585

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

Supreme Court of North Carolina.

February 2, 1973.


Attorney(s) appearing for the Case

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

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


MOORE, Justice.

The Court of Appeals by its decision on the second appeal affirmed the judgment of the Superior Court, which held the defendant liable for unpaid commissions on sales subsequent to Peaseley's death and prior to the termination of the June 1963 contract. Plaintiff contends that when the Court of Appeals so held and this Court refused to allow certiorari that issue was definitively settled and became the law of the case.

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