TURNER HALSEY CO. INC. v. LAWRENCE KNITTING

No. 7726DC1042.

248 S.E.2d 342 (1978)

38 N.C. App. 569

TURNER HALSEY COMPANY INC., a corporation v. LAWRENCE KNITTING MILLS, INC., a corporation and Lawrence Levy and Mrs. Lawrence Levy.

Court of Appeals of North Carolina.

November 7, 1978.


Attorney(s) appearing for the Case

Casey & Daly by Durant W. Escott, Charlotte, for plaintiff-appellee.

Francis O. Clarkson, Jr., and William B. Webb, Jr., Charlotte, for defendants-appellants.


MORRIS, Judge.

Defendants assign as error the court's granting the plaintiff's motion to amend the complaint and motion for summary judgment. We think the assignment is well taken. The amendment was a reduction of the amount of the prayer for relief. The grounds for the motion were that the contract price was $3591.50 but plaintiff, after considerable effort, was able to sell the goods for $1697.80, thereby leaving a balance of $1893.70. The amendment raises the question...

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