STONESTREET v. COMPTON MOTORS, INC.

No. 7319DC415.

197 S.E.2d 579 (1973)

18 N.C. App. 527

A. L. STONESTREET, Plaintiff, v. COMPTON MOTORS, INC., Defendant, v. PETHEL CHRYSLER-PLYMOUTH, INC., Defendant and Third Party Plaintiff, v. MOORESVILLE CHRYSLER-PLYMOUTH, INC., et al., Third Party Defendants.

Court of Appeals of North Carolina.

June 27, 1973.


Attorney(s) appearing for the Case

Hartsell, Hartsell & Mills by William L. Mills, Jr., and Fletcher L. Hartsell, Jr., Concord, for plaintiff appellee.

Collier, Harris, Homesley & Jones by Walter H. Jones, Jr., Mooresville, for defendant appellant (Pethel Chrysler-Plymouth, Inc.).


BRITT, Judge.

Defendant Pethel contends the court erred in its findings of facts and conclusions of law that the note and chattel mortgage are valid and that plaintiff is entitled to possession of the personal property in question, and entering judgment awarding plaintiff possession of the property. The contention has merit.

As to Pethel, we think the court went far beyond the purview of summary judgment. It appears from the judgment that the court treated...

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