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TOM TOGS, INC. v. BEN ELIAS INDUSTRIES CORP.

No. 8510SC21.

334 S.E.2d 105 (1985)

TOM TOGS, INC. v. BEN ELIAS INDUSTRIES CORP.

Court of Appeals of North Carolina.

September 17, 1985.

Attorney(s) appearing for the Case

Johnson, Gamble, Hearn & Vinegar by Richard J. Vinegar, Raleigh, for plaintiff, appellee.

Smith, Debnam, Hibbert & Pahl by Bettie Kelley Sousa, Raleigh, for defendant, appellant.

HEDRICK, Chief Judge.

The underlying contract in this case involved the purchase of shirts by defendant distributor from plaintiff manufacturer. In November 1983 one of defendant's agents visited the New York showroom of Mr. Neal Schulman, an independent sales representative who represented several manufacturing companies, including plaintiff's, and discussed the purchase of a quantity of plaintiff's shirts. A purchase order on defendant's letterhead was completed...

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