CHADBOURN, INC. v. KATZ

No. 7426SC236.

204 S.E.2d 201 (1974)

21 N.C. App. 284

CHADBOURN, INC., a corporation v. Daniel KATZ and Brevard Realty Company, Inc., a corporation.

Court of Appeals of North Carolina.

Certiorari Allowed July 1, 1974.


Attorney(s) appearing for the Case

Helms, Mulliss & Johnston, by E. Osborne Ayscue, Jr., and C. Marcus Harris, Charlotte, for plaintiff-appellee.

Waggoner, Hasty & Kratt, by William J. Waggoner, Charlotte, for defendant-appellant.


Certiorari Allowed by Supreme Court July 1, 1974.

BROCK, Chief Judge.

After argument of the appeal in this Court, plaintiff filed a motion to amend its complaint by deleting its claim and prayer for specific performance of the contract. That motion has been allowed by separate order.

Defendant argues that the trial court erred in denying defendant's motion to dismiss under Rule 12. Defendant contends that the trial court did not acquire jurisdiction...

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