STATE WHOLESALE SUPPLY, INC. v. ALLEN

No. 757DC760.

227 S.E.2d 120 (1976)

30 N.C. App. 272

STATE WHOLESALE SUPPLY, INC. v. Thurman ALLEN, t/a Kerr Lake Supply Company.

Court of Appeals of North Carolina.

August 4, 1976.


Attorney(s) appearing for the Case

Dill, Exum, Fountain & Hoyle by John B. Exum, Jr., Rocky Mount, for plaintiff.

Zollicoffer & Zollicoffer by Robert K. Catherwood, Henderson, for defendant.


BROCK, Chief Judge.

The plaintiff relied upon the following evidence to show that the defendant incurred the obligation to pay a two percent service charge and attorney's fees: (1) The sales receipt signed by defendant's employee, the three-day invoice, and the monthly statement contained written notice of the two percent per month service charge, and all but the latter contained a provision for attorney's fees; moreover, having received notice of these "credit terms...

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