BURLINGTON INDUSTRIES, INC. v. FOIL

No. 7319SC476.

198 S.E.2d 194 (1973)

19 N.C. App. 172

BURLINGTON INDUSTRIES, INC. v. Martin B. FOIL, Jr., et al.

Court of Appeals of North Carolina.

Certiorari Allowed October 2, 1973.


Attorney(s) appearing for the Case

Sanford, Cannon, Adams & McCullough by E. D. Gaskins, Jr., Robert W. Spearman and J. Allen Adams, Raleigh, for plaintiff appellant.

Jordan, Wright, Nichols, Caffrey & Hill by Charles E. Nichols and Lindsey R. Davis, Jr., Greensboro, and Williams, Willeford & Boger by John Hugh Williams, Concord, for defendant appellees.


Certiorari Allowed by Supreme Court October 2, 1973.

CAMPBELL, Judge.

In December 1970 Colonial was organized by the defendants Foil, Taylor and Edwin Fowler. Colonial had very little capital, and it was doing business on credit. Fowler was the President and General Manager and the active operator. During the time of the purchases involved in this case, namely, during April and May 1971, the capital stock of Colonial was owned with Fowler owning 50% and Foil...

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