POTTER v. TYNDALL

No. 743SC362.

205 S.E.2d 808 (1974)

22 N.C. App. 129

Troy D. POTTER, t/a Pamco Farm Service Company, Plaintiff, v. Robert TYNDALL, Defendant, v. R. C. NOBLE et al., Additional Defendants.

Court of Appeals of North Carolina.

Certiorari Denied September 3, 1974.


Attorney(s) appearing for the Case

Ward, Tucker, Ward & Smith by Michael P. Flanagan, New Bern, for plaintiff appellee.

Lee & Hancock by C. E. Hancock, Jr., and Moses D. Lassiter, New Bern, for defendant appellant Robert Tyndall.

David S. Henderson, New Bern, for additional defendant appellees R. C. Noble and Lawrence Powell.

Barden, Stith, McCotter & Stith by Laurence A. Stith, New Bern, and Barnes & Braswell by Henson P. Barnes, Goldsboro, for additional defendant appellee Na-Churs Plant Food Co.


Certiorari Denied by Supreme Court September 3, 1974.

BALEY, Judge.

Appellant contends that appellees misled him by false statements and persuaded him to fertilize his tobacco with Na-Churs Plant Food. Na-Churs Plant Food was not suitable for use on tobacco, and appellant's tobacco plants withered and died. Appellant does not seriously contend that Na-Churs Plant Food was a defective fertilizer; he admits in his brief that it was an entirely appropriate and...

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