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COOPER TIRE AND RUBBER CO. v. PERRY

19742

261 S.C. 538 (1973)

201 S.E.2d 245

COOPER TIRE AND RUBBER COMPANY, Respondent, v. Ed PERRY, d/b/a Ed Perry Auto Parts, Appellant. The MOHAWK RUBBER COMPANY, Respondent, v. Ed PERRY, d/b/a Ed Perry Auto Parts, Appellant.

Supreme Court of South Carolina.

December 12, 1973.

Attorney(s) appearing for the Case

Messrs. John Bolt Culbertson, John B. Duggan and Ray D. Lathan, of Greenville, for Appellant.

Messrs. H. Carlisle Bean, of Spartanburg, Clarke W. McCants, Jr., of Clarkson, McCants & Green, Columbia, and Wesley M. Walker and James H. Watson, of Leatherwood, Walker, Todd & Mann, Greenville, for Respondent.

December 12, 1973.

MOSS, Chief Justice:

Cooper Tire and Rubber Company, one of the respondents, instituted its action on January 7, 1972, against Ed Perry, doing business as Ed Perry Auto Parts, appellant herein, seeking to recover the sum of $173,894.52 on an open account. The respondent alleged that on the dates set forth on an itemized sworn statement of account annexed to the complaint that it sold and delivered to the appellant certain goods, wares, and...

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