CAROLINA GARAGE, INC. v. HOLSTON

No. 7821SC432.

253 S.E.2d 7 (1979)

40 N.C. App. 400

CAROLINA GARAGE, INC. v. John Robert HOLSTON.

Court of Appeals of North Carolina.

March 20, 1979.


Attorney(s) appearing for the Case

Hudson, Petree, Stockton, Stockton & Robinson, by F. Joseph Treacy, Jr., Winston-Salem, for plaintiff appellee.

Wesley B. Grant, Concord, for defendant appellant.


HEDRICK, Judge.

Defendant's single assignment of error is as follows:

The Court's denial of defendant's Motion under North Carolina Rule of Civil Procedure 13(f) for leave to set up a counterclaim by amendment to the defendant's Answer, on the grounds that the counterclaim was omitted from the Answer by oversight, inadvertence or excusable neglect and justice required the allowance of the Motion and the denial of the Motion was prejudicial to the defendant...

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