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HAIRSTON v. ALEXANDER TANK & EQUIPMENT CO.

No. 8226SC55.

299 S.E.2d 790 (1983)

Bettye HAIRSTON, Administratrix of the Estate of John O. Hairston, Plaintiff, v. ALEXANDER TANK AND EQUIPMENT CO. and Haygood Lincoln Mercury, Inc., Original Defendants, and ALEXANDER TANK AND EQUIPMENT CO., Third Party Plaintiff, v. James Fulton WHITBY and Two-Way Radio of Charlotte, Inc., Third Party Defendants.

Court of Appeals of North Carolina.

January 18, 1983.

Attorney(s) appearing for the Case

Tucker, Hicks, Sentelle, Moon & Hodge by John E. Hodge Jr., Fred A. Hicks and David B. Sentelle, Charlotte, for plaintiff-appellant.

Golding, Crews, Meekins, Gordon & Gray by Fred C. Meekins and Henry C. Byrum Jr. and Hasty, Waggoner, Hasty, Kratt & McDonnell by Robert D. McDonnell and William J. Waggoner, Charlotte, for defendant-appellant Alexander Tank and Equipment Co.

Hedrick, Feerick, Eatman, Gardner & Kincheloe by J.A. Gardner III and Scott M. Stevenson, Charlotte, for defendant-appellee Haygood Lincoln Mercury, Inc.

HILL, Judge.

Plaintiff's intestate, John O. Hairston (hereinafter "Hairston"), contracted to purchase a new 1978 Lincoln Continental from defendant Haygood Lincoln Mercury, Inc. (hereinafter "Haygood") on Friday, 14 April 1978 and returned to consummate the purchase on Monday, 17 April 1978. Hairston lived in Charlotte, North Carolina; Haygood is in Lowell, North Carolina. Hairston waited at Haygood while the wheels on his Lincoln were changed to conform to the invoice...

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