S. F. McCOTTER & SON v. O.H.A. INDUSTRIES

No. 813SC190.

282 S.E.2d 584 (1981)

S. F. McCOTTER & SON, INC. v. O.H.A. INDUSTRIES, INC.

Court of Appeals of North Carolina.

October 6, 1981.


Attorney(s) appearing for the Case

Mayo & Swindell by Hiram J. Mayo, Jr., New Bern, for plaintiff-appellant.

Ward & Smith by Thomas E. Harris, New Bern, for defendant-appellee.


VAUGHN, Judge.

Plaintiff assigns as error the order entered granting a directed verdict in defendant's favor. Plaintiff argues that the judge improperly excluded testimony which would have established that Bartels was an agent of the defendant with apparent authority to bind defendant to terms of a new oral contract. We disagree and therefore affirm the court's order.

There are two contracts involved in the present cause. The first contract is the original...

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