CARDING SPECIALISTS (CANADA) v. GUNTER & COOKE

No. 7514SC24.

214 S.E.2d 233 (1975)

25 N.C. App. 491

CARDING SPECIALISTS (CANADA), LTD., and Crosrol Carding Development, Inc. v. GUNTER & COOKE, INC.

Court of Appeals of North Carolina.

May 7, 1975.


Attorney(s) appearing for the Case

Smith, Moore, Smith, Schell & Hunter by Beverly C. Moore and H. Miles Foy, III, Greensboro, for plaintiffs-appellees.

Nye, Mitchell & Bugg by R. Roy Mitchell, Jr., Durham, and Richards, Shefte & Pinckney, P.A. by Channing L. Richards, Charlotte, for defendant-appellant.


MORRIS, Judge.

This appeal presents two related questions. The first is: In an action to recover under a contract entered into between plaintiffs and defendant, the purpose of which was to settle all claims of plaintiffs for patent infringement against defendant, may defendant validly raise the defenses that the patent infringed was not valid or was not actually infringed? The second question is necessarily answered when the first question is answered. It is: May...

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