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SPENCER OIL COMPANY, INC. v. WELBORN

No. 7418DC4.

202 S.E.2d 618 (1974)

20 N.C. App. 681

SPENCER OIL COMPANY, INC. v. Austin WELBORN and Wife, Ruth Welborn.

Court of Appeals of North Carolina.

Certiorari Denied April 2, 1974.

Attorney(s) appearing for the Case

Stephen E. Lawing, High Point, for plaintiff.

Bell, Ogburn & Redding, by J. Howard Redding, Asheboro, for defendants.

Certiorari Denied by Supreme Court April 2, 1974.

BROCK, Chief Judge.

It appears to us that the findings of fact by the trial judge do not support his conclusion "that the plaintiff has shown no right to recover against the defendant, Ruth Welborn."

The trial court found from competent evidence the following facts, among others:

"(8) That thereafter defendant, Austin Welborn, returned to plaintiff with the bond and guaranty agreement signed...

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