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ELLIOTT v. BURTON

No. 7321SC605.

198 S.E.2d 489 (1973)

19 N.C. App. 291

B. W. ELLIOTT v. Clyde Paul BURTON, Individually and trading as Burton Enterprises, et al.

Court of Appeals of North Carolina.

August 29, 1973.

Attorney(s) appearing for the Case

White & Crumpler, by James G. White, Michael J. Lewis, and G. Edgar Parker, Winston-Salem, for plaintiff appellee.

Carlton, Rhodes & Thurston, by Richard F. Thurston, Salisbury, and Linda A. Thurston for defendant appellants.

PARKER, Judge.

"[A] judgment merges the cause of action upon which it was rendered, and becomes itself the obligation." 2 McIntosh, N.C. Practice and Procedure 2d, § 1735. Therefore, plaintiff's original cause of action, in which he sought recovery of damages for injuries to his property allegedly caused by defendants' negligence, became merged into the consent judgment dated 6 January 1973. Where a judgment directs a party to perform a specific act and the party...

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