MAZDA MOTORS OF AMERICA v. S. W. MOTORS, INC.

No. 7710SC299.

243 S.E.2d 793 (1978)

MAZDA MOTORS OF AMERICA, INC. v. SOUTHWESTERN MOTORS, INC., d/b/a Mazda of Raleigh.

Court of Appeals of North Carolina.

April 18, 1978.


Attorney(s) appearing for the Case

Poyner, Geraghty, Hartsfield & Townsend by John J. Geraghty, David W. Long and Cecil W. Harrison, Jr., Raleigh, for plaintiff-appellee.

Newsom, Graham, Strayhorn, Hedrick, Murray, Bryson & Kennon by Josiah S. Murray, III, and Lewis A. Cheek, Durham, for defendant-appellant.


MITCHELL, Judge.

The defendant first assigns as error the failure of the trial court to rule that, as a matter of law, the franchise agreement between the parties was wrongfully terminated, canceled or not renewed. For reasons which will be discussed hereinafter, we find this assignment to be meritorious and hold that the trial court committed error in failing to so rule.

By the enactment of Article 12 of Chapter 20 of the General Statutes, the Motor Vehicle...

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