BUDD TIRE CORP. v. PIERCE TIRE CO.

No. 8811DC136.

370 S.E.2d 267 (1988)

90 N.C. App. 684

BUDD TIRE CORPORATION v. PIERCE TIRE COMPANY, INC., Phil Pierce Tire Sales, Inc., Phillip Lee Pierce, Todd Parker, and Clarence Baity.

Court of Appeals of North Carolina.

July 19, 1988.


Attorney(s) appearing for the Case

Moretz & Silverman by J. Douglas Moretz, Sanford, for plaintiff.

Harrington, Ward, Gilleland & Winstead by J. Allen Harrington and Eddie S. Winstead, III, Sanford, for defendant.


EAGLES, Judge.

SALES' APPEAL

Sales' appeal raises two issues: (1) whether the trial court erred in finding that Sales purchased all of Tire Company's assets, and (2) even assuming that Sales did purchase all the assets, whether the trial court erred in holding Sales liable for Tire Company's debt to plaintiff.

A corporation which purchases all, or substantially all, of the assets of another corporation is generally not liable for the old corporation...

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