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FCX, INC. v. OCEAN OIL CO.

No. 7910SC665.

266 S.E.2d 388 (1980)

FCX, INC. v. OCEAN OIL COMPANY, formerly Sentry Oil Co., Inc., James Baxter Eubanks and wife, Sarah L. Eubanks.

Court of Appeals of North Carolina.

May 20, 1980.

Attorney(s) appearing for the Case

E. Ray Briggs, Raleigh, for plaintiff-appellee.

Vaughan S. Winborne, Raleigh, for defendants-appellants.

ARNOLD, Judge.

It is plaintiff's position that at the meeting on 11 July 1978 the parties reached an account stated, agreeing that the amount due from defendants to plaintiff was $38,322.49. The affidavits presented by the plaintiff on its motion for summary judgment, and the first paragraph of defendant's 3 August 1978 letter to plaintiff support this position. The remainder of defendant's letter, however, and his affidavit...

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