CURRITUCK GRAIN INC. v. POWELL

No. 751DC719.

222 S.E.2d 1 (1976)

28 N.C. App. 563

CURRITUCK GRAIN INCORPORATED, a North Carolina Corporation v. Staley POWELL.

Court of Appeals of North Carolina.

February 18, 1976.


Attorney(s) appearing for the Case

White, Hall, Mullen & Brumsey by William Brumsey, III, Elizabeth City, for plaintiff-appellant.

Twiford, Abbott, Seawell, Trimpi & Thompson by John G. Trimpi, Elizabeth City, for defendant-appellee.


ARNOLD, Judge.

The question presented by defendant's motion centered on whether defendant, a farmer, was a merchant as defined by the Uniform Commercial Code. If defendant were not a merchant, as defined, he was entitled to the defense of the statute of frauds. If he were a merchant he would not be entitled to the defense of the statute of frauds.

Summary judgment was granted on the grounds that the statute of frauds was a defense and there was no genuine...

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