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CENTRAL CAROLINA FARMERS, INC. v. HILLIARD

No. 8115DC145.

283 S.E.2d 558 (1981)

CENTRAL CAROLINA FARMERS, INC., and FCX, Inc., Plaintiffs and Third Party Plaintiffs, v. W. Cone HILLIARD and wife, Shirley Hilliard, Defendants, v. PIONEER HI-BRED INTERNATIONAL, INC., Third Party Defendants.

Court of Appeals of North Carolina.

November 3, 1981.

Attorney(s) appearing for the Case

Robert B. Glenn, Jr., Durham, for plaintiffs-appellants.

Edwards & Atwater by Phil S. Edwards and W. Ben Atwater, Jr., Siler City, for defendants-appellees.

McCoy, Weaver, Wiggins, Cleveland & Raper by Richard M. Wiggins, Fayetteville, for third party defendants-appellants.

ROBERT M. MARTIN, Judge.

Appellants appeal from the court's allowance of defendants' counterclaim. The following facts found by the trial judge are not in dispute: On 27 June 1978 defendants executed a note and security agreement in the amount of $4,134.17 to plaintiff for the 30 May 1978 purchase of ten bags of seed corn and other farming supplies. No payments were made on the note which became in default. The seed corn was produced, prepackaged, prelabeled and delivered...

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