BRAD RAGAN, INC. v. CALLICUTT ENTERPRISES

No. 8419DC533.

326 S.E.2d 62 (1985)

BRAD RAGAN, INC., d/b/a Carolina Tire Company v. CALLICUTT ENTERPRISES, INC., and Bobby Ray Lewis.

Court of Appeals of North Carolina.

February 19, 1985.


Attorney(s) appearing for the Case

Griggs, Scarbrough & Rogers by James E. Scarbrough, Concord, for plaintiff-appellant.

Robert M. Critz, Kannapolis, for defendants-appellees.


WHICHARD, Judge.

Plaintiff appeals from a judgment dismissing its complaint for failure to state a claim upon which relief can be granted, G.S. 1A-1, Rule 12(b)(6). We reverse.

Plaintiff sold tires to defendant Callicutt (Callicutt) on credit. Callicutt sold trucks on which the tires were mounted to defendant Lewis (defendant). Plaintiff contends that, in return for the sale of the trucks and tires, defendant Lewis orally promised Callicutt that he would pay...

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