GEORGE E. SHEPARD, JR., INC. v. KIM, INC.

No. 8018SC881.

279 S.E.2d 858 (1981)

GEORGE E. SHEPARD, JR., INC. v. KIM, INC.

Court of Appeals of North Carolina.

July 7, 1981.


Attorney(s) appearing for the Case

Frazier, Frazier & Mahler by Harold C. Mahler and Patrick A. Weiner, Greensboro, for defendant-appellant.

Roberson, Haworth & Reese by J. Brooks Reitzel, Jr., High Point, for plaintiff-appellee.


BECTON, Judge.

I

We address the pivotal issue in this case at the outset — did Shepard, Inc. prove the existence of a valid and enforceable contract? The evidence, when viewed in the light most favorable to Shepard, Inc., establishes a contract, breach of contract, and resulting damages. Consequently, the trial court properly denied Kim, Inc.'s motions for entry of a judgment of dismissal on the merits.

a) Mutual assent or counter offer<...

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