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ROSE v. VULCAN MATERIALS COMPANY

No. 41.

194 S.E.2d 521 (1973)

282 N.C. 643

T. W. ROSE v. VULCAN MATERIALS COMPANY.

Supreme Court of North Carolina.

February 14, 1973.

Attorney(s) appearing for the Case

W. F. Maready and James H. Kelly, Jr., Winston-Salem, for plaintiff appellant; Hudson, Petree, Stockton, Stockton & Robinson, Winston-Salem of counsel.

Womble, Carlyle, Sandridge & Rice, by Charles F. Vance, Jr., and John L. W. Garrou, Winston-Salem, for defendant appellee.

HUSKINS, Justice:

Defendant contends that the contract denominated Exhibit B, entered into by its assignor J. E. Dooley and Son, Inc., providing that J. E. Dooley and Son, Inc., would sell stone f. o. b. the Cycle quarry to plaintiff at certain specified prices and would "not sell any stone to anyone other than the State Highway Commission for prices less than [certain specified higher prices] from the Cycle quarry" was...

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