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  5. 226 S.E.2d 321 (1976)
 

BILLINGS v. JOSEPH HARRIS CO., INC.

No. 50.

226 S.E.2d 321 (1976)

290 N.C. 502

Paul BILLINGS v. JOSEPH HARRIS COMPANY, INC.

Supreme Court of North Carolina.

July 14, 1976.

Attorney(s) appearing for the Case

McElwee, Hall & McElwee by John E. Hall, North Wilkesboro, and Arnold L. Young, Sparta, for plaintiff.

Hudson, Petree, Stockton, Stockton & Robinson by Norwood Robinson, George L. Little, Jr., and Steven E. Philo, Winston Salem, for defendant.

LAKE, Justice.

The plaintiff relies upon our decision in Gore v. Ball, Inc., 279 N.C. 192, 182 S.E.2d 389 (1971). That case is distinguishable from the present case for two reasons. First, there the defendant delivered the wrong kind of seed, whereas, in the present case, the plaintiff admits that he received the exact kind of seed he ordered. Thus, in the present case, there was no violation...

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