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GRAYBAR ELECTRIC COMPANY v. SHOOK

No. 48.

195 S.E.2d 514 (1973)

283 N.C. 213

GRAYBAR ELECTRIC COMPANY v. Harold E. SHOOK, trading and doing business as Mid-South Contracting Company.

Supreme Court of North Carolina.

April 11, 1973.

Attorney(s) appearing for the Case

Bennett, Kelly & Long, P. A. by Robert B. Long, Jr., Asheville, for plaintiff appellant.

Bruce A. Elmore by George W. Moore, Asheville, for defendant appellee.

HIGGINS, Justice.

The parties admitted the following: (1) The defendant placed an order with the plaintiff for three reels of burial (underground) cable to be delivered at Six Run Grocery Store, a rural community sixteen miles south of Clinton. (2) On April 6 the plaintiff delivered one reel of burial cable and, by mistake, delivered two reels of aerial cable. The aerial cable was totally unsuited to the defendant's use. Defendant notified the plaintiff of the mistake...

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