ROBERTS v. BUFFALOE

No. 785DC1097.

258 S.E.2d 861 (1979)

43 N.C. App. 368

James M. ROBERTS, Plaintiff, v. Roger BUFFALOE, t/a Buffaloe's New and Used Cars and Donald W. Robertson, Defendants, v. James L. KENNEDY and James W. Durham, a/k/a "Whitey" Durham, Partners t/a Kennedy Motor Sales, Third-Party Defendants.

Court of Appeals of North Carolina.

October 16, 1979.


Attorney(s) appearing for the Case

Crossley & Johnson by Robert W. Johnson, Wilmington, for plaintiff-appellant.

No appearance on behalf of defendants.


VAUGHN, Judge.

The court should not have directed a verdict in favor of defendant Buffaloe.

A section of the Vehicle Mileage Act requires that if an odometer is replaced, it must either reflect the correct mileage or a statement must be affixed to the left door frame specifying the mileage prior to replacement and the date of replacement. G.S. 20-346. The same act requires that the transferor of a motor vehicle deliver to the transferee:

"(5) A statement...

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