BERNARD v. CENT. CAROLINA TRUCK SALES

No. 8313SC112.

314 S.E.2d 582 (1984)

Lonnie L. BERNARD v. CENTRAL CAROLINA TRUCK SALES, INC., and Transport Acceptance Corporation.

Court of Appeals of North Carolina.

May 1, 1984.


Attorney(s) appearing for the Case

Herbert J. Zimmer, Wilmington, for plaintiff-appellee.

Petree, Stockton, Robinson, Vaughn, Glaze & Maready by Robert J. Lawing and Robert E. Price, Jr., and Frye, Booth & Porter by Leslie G. Frye, Winston-Salem, for defendant-appellant.


WHICHARD, Judge.

I.

Plaintiff brought this action alleging breach of contract, fraudulent misrepresentation, and unfair or deceptive acts or practices. The facts giving rise to the action, as found by the court, are as follows:

In August 1978 plaintiff entered a contract with defendant to purchase a tractor. Defendant represented the tractor to be a 1975 Peterbilt with a 1975, 400 Cummins engine. In reality it contained a 1972, 370 Cummins engine...

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