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DICK PARKER FORD, INC. v. BRADSHAW

No. 903SC861.

402 S.E.2d 878 (1991)

DICK PARKER FORD, INC., Plaintiff, v. Mary Jane BRADSHAW, Defendant and Third-Party Plaintiff, v. Richard Douglas BRADSHAW, Third-Party Defendant. DICK PARKER FORD, INC., Third-Party Plaintiff, v. Preston Hugh JUSTICE and Donald Franklin Leatherman, Third-Party Defendants.

Court of Appeals of North Carolina.

April 16, 1991.

Attorney(s) appearing for the Case

Wheatly, Wheatly, Nobles, Weeks & Wainwright, P.A. by Claud R. Wheatly, Jr., and George L. Wainwright, Jr., Beaufort, for plaintiff-appellee Dick Parker Ford, Inc.

Beaman, Kellum, Hollows & Jones, P.A. by J. Allen Murphy, New Bern, for defendant and third party plaintiff-appellant Mary Jane Bradshaw.

Hamilton, Bailey, Way & Brothers by John E. Way, Jr., Morehead City, for third party defendant-appellee Richard Douglas Bradshaw.

PARKER, Judge.

The only issue presented by this appeal is whether the trial court erred in denying defendant and third party plaintiff Mary Jane Bradshaw's motion for trial by jury. For reasons which follow, we hold the trial court did not err in denying the motion.

On 4 May 1989 plaintiff Dick Parker Ford, Inc., filed a complaint against defendant Mary Jane Bradshaw alleging fraud and misrepresentation. Plaintiff's action was based on events which occurred...

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