F. INDUSTRIES, INC. v. COX

No. 7923SC699.

263 S.E.2d 791 (1980)

F. INDUSTRIES, INC., Plaintiff, v. Harvey A. COX, d/b/a Transport Equipment and Transport Sales of Charlotte, Inc., Defendants, and Van F. Miller and wife, Betty E. Miller, Third-Party Defendants.

Court of Appeals of North Carolina.

March 18, 1980.


Attorney(s) appearing for the Case

McElwee, Hall, McElwee & Cannon by William C. Warden, Jr., North Wilkesboro, for plaintiff appellant and for the third-party defendant appellees.

Sanders, London & Welling, by Charles M. Welling, Charlotte, for defendants-appellees.


HEDRICK, Judge.

Based on six exceptions duly noted, plaintiff argues that the court erred in directing a verdict for the defendant Cox as to plaintiff's claim and in refusing to direct a verdict for it as to defendant's counterclaim. These assignments of error present for our review the sufficiency of the evidence to show the existence of contractual terms as alleged in plaintiff's complaint. Plaintiff contends that its evidence establishes a contract entered into...

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