SANDERS v. WALKER

No. 7821DC319.

250 S.E.2d 84 (1979)

39 N.C. App. 355

Mr. and Mrs. John SANDERS d/b/a R&R Fuel Oil Service v. Roy WALKER and Rochelle Walker, d/b/a R&R Fuel Oil Service.

Court of Appeals of North Carolina.

January 2, 1979.


Attorney(s) appearing for the Case

Harvey L. Kennedy, and Annie Brown Kennedy, Kennedy & Kennedy, Winston-Salem, for defendant-appellants.

James L. Cole and L. G. Gordon, Jr., Winston-Salem, for plaintiff-appellees.


ARNOLD, Judge.

Defendants first assign error to the denial of their motions to dismiss at the close of plaintiffs' evidence and all the evidence. They argue that there is insufficient evidence of a sale of the business, and that even if a sale is found the name of the business is a personal trade name that would not be conveyed as part of the sale.

It is stipulated that defendants owned and operated the R & R Fuel Oil Service from 1961 to 1974. To be entitled...

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