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SIMMONS v. CHERRY

No. 7927DC111.

259 S.E.2d 410 (1979)

43 N.C. App. 499

Mercer W. SIMMONS v. W. P. CHERRY and W. P. Cherry and Sons, Inc.

Court of Appeals of North Carolina.

November 6, 1979.

Attorney(s) appearing for the Case

Jonas & Jonas by Harvey A. Jonas, Jr., Lincolnton, for plaintiff-appellee.

John E. McDonald, Jr., Charlotte, for defendant-appellant.

WELLS, Judge.

We find that the evidence was sufficient for the trial court to have found that the defendant Cherry, in addition to the corporation, was a party to the contract with plaintiff. The plaintiff testified:

In the fall of 1974 W. P. Cherry contacted me by phone and made an appointment and then came to my office in Lincolnton. I had not known Mr. Cherry prior to that time. I do not recall a statement as to his connection with W. P. Cherry...

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