MAZDA MOTORS OF AMERICA v. S. W. MOTORS

No. 51.

250 S.E.2d 250 (1979)

296 N.C. 357

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

Supreme Court of North Carolina.

January 4, 1979.


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-appellant.

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


HUSKINS, Justice:

Plaintiff presents two questions which determine this appeal: (1) Does the 10 July 1974 mutual termination agreement between plaintiff and defendant effectively terminate the automobile dealership between the parties? (2) Does defendant owe plaintiff on account the sum of $8,795.09?

Resolution of the first question requires consideration of G.S. 20-305(6) which provides:

"It shall be unlawful for any manufacturer, factory branch...

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