McDOWELL v. SMATHERS SUPER MARKET, INC.

No. 8330SC1084.

321 S.E.2d 7 (1984)

Joyce Smathers McDOWELL v. SMATHERS SUPER MARKET, INC., and Roy H. Patton, Jr., as executor of the Estate of Myrtle Marie Smathers, deceased, and Charles Robert Smathers.

Court of Appeals of North Carolina.

October 16, 1984.


Attorney(s) appearing for the Case

Adams, Hendon, Carson & Crow by Geo. Ward Hendon, Asheville, for plaintiff-appellee.

Erwin, Winner & Smathers by Patrick U. Smathers, Canton, for defendant-appellants Smathers Super Market, Inc. and Charles Robert Smathers.


PHILLIPS, Judge.

The main basis for this appeal is the contention that the salary payments called for were gifts, and the corporate resolution sued on was therefore without consideration and legally unenforceable. From that base and for that reason both defendant appellants contend that the court erred in several respects, including denying their motions for a directed verdict and judgment notwithstanding the verdict, and requiring the defendant corporation to pay...

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