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SZABO FOOD SERV., INC., OF NORTH CAROLINA v. BALENTINES, INC.

No. 28.

206 S.E.2d 242 (1974)

285 N.C. 452

SZABO FOOD SERVICE, INCORPORATED, OF NORTH CAROLINA v. BALENTINES, INC., Defendant, and Wake County, Additional Defendant.

Supreme Court of North Carolina.

July 1, 1974.

Attorney(s) appearing for the Case

Bailey, Dixon, Wooten, McDonald & Fountain by Wright T. Dixon, Jr., and Kenneth Wooten, Jr., Raleigh, for plaintiff appellee.

Purrington, Hatch & Purrington by Edwin B. Hatch and J. Bourke Bilisoly, Wake County Tax Atty., Raleigh, for defendant appellants.

SHARP, Justice:

Prior to 1971 G.S. § 105-304, enacted as Section 802, Chapter 291, N.C.Sess. Laws of 1937, required the owner of personal property to list it for taxation but provided that the owner of the equity of redemption in property subject to a chattel mortgage and the vendee of personal property under a conditional sale, or any other sale contract through which title is retained by the vendor as security for the payment of the purchase price, should be...

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