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FCX, INC. v. CAUDILL

No. 8610SC1094.

354 S.E.2d 767 (1987)

FCX, INC. v. Robert H. CAUDILL, Jr., Individually and Elsie Mae Caudill, d/b/a Caudill's Dairy, Inc.

Court of Appeals of North Carolina.

April 21, 1987.

Attorney(s) appearing for the Case

Moore, Ragsdale, Liggett, Ray & Foley, P.A. by Albert D. Barnes, Raleigh, for plaintiff-appellee.

Blanchard, Tucker, Twiggs & Abrams, P.A. by Charles F. Blanchard and Irvin B. Tucker, Jr., Raleigh, and Brown, Brown, Brown and Stokes by R. Lane Brown, III, Albemarble, for defendants-appellants.

BECTON, Judge.

Plaintiff, FCX, Inc., instituted this action seeking to recover from defendants, Robert Caudill, Elsie Mae Caudill, and Caudill's Dairy, Inc., $59,984.75 for the balance due on an indebtedness which arose out of the sale of various merchandise, including cattle feed, to the dairy and which was personally guaranteed by the individual defendants. The defendants counterclaimed for negligence and for breach of express and implied warranties, alleging that...

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