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PEE DEE OIL CO. v. QUALITY OIL CO., INC.

No. 8520SC360.

341 S.E.2d 113 (1986)

PEE DEE OIL COMPANY v. QUALITY OIL COMPANY, INC., t/a Swink-Quality Oil Company, and James H. Pou Bailey, Jr.

Court of Appeals of North Carolina.

April 1, 1986.

Attorney(s) appearing for the Case

Taylor and Bower by H.P. Taylor, Jr., Wadesboro, for plaintiff-appellant.

Etheridge, Moser and Garner by Kennieth S. Etheridge and Terry R. Garner, Laurinburg, for defendants-appellees.

PHILLIPS, Judge.

The directed verdict as to plaintiff's claim for breach of a written contract, the main claim asserted, was clearly erroneous—though why the trial judge directed a verdict rather than arrive at one is beyond our comprehension. Be that as it may, there was plenary evidence before the court that the defendant company had a written contract to purchase certain assets of the plaintiff, that it refused to go through with the purchase, and that plaintiff...

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